Sec. 406. Broadening definition of
renewable energy to include thermal.

Sec. 407. Study on Federal data center
consolidation.

TITLE
V—Miscellaneous

Sec. 501. Budgetary effects.

Sec. 502. Advance appropriations
required.

I

Buildings

A

Building energy
codes

101.

Greater energy
efficiency in building codes

(a)

In
general

Section 304 of the Energy Conservation and Production Act
(42 U.S.C. 6833) is amended to read as follows:

304.

Updating State
building energy efficiency codes

(a)

Updating
national model building energy codes

(1)

In
general

The Secretary shall—

(A)

support the
development of national model building energy codes, including the updating of
ASHRAE and IECC model building energy codes and standards;

(B)

encourage and
support the adoption of building energy codes by States and, as appropriate, by
local governments that meet or exceed the national model building energy codes,
or achieve equivalent or greater energy savings; and

(C)

support full
compliance with the State and local codes.

(2)

Targets and
goals

(A)

In
general

The Secretary shall support the updating of the national
model building energy codes for residential buildings and commercial buildings
to enable the achievement of energy savings goals established under
subparagraph (B) and the targets established under subparagraph (C).

(B)

Goals

The
Secretary shall—

(i)

establish goals of
zero-net-energy for new commercial and residential buildings by 2030;
and

(ii)

work with State
and local governments, the International Code Council, ASHRAE, and other
interested parties to achieve these goals through a combination of national
model building energy codes, appliance and lighting standards, and research,
development, and demonstration of new efficiency and clean energy
technologies.

(C)

Targets

(i)

In
general

The Secretary shall support the updating of national
model building energy codes by establishing 1 or more aggregate energy savings
targets to achieve the goals set under subparagraph (B).

(ii)

Separate
targets

The Secretary may establish separate targets for
commercial and residential buildings.

(iii)

Baselines

The
baseline for updating national model codes shall be the 2009 IECC for
residential buildings and ASHRAE Standard 90.1–2010 for commercial
buildings.

(iv)

Specific
years

(I)

In
general

Targets for specific years shall be established and
revised by the Secretary through rulemaking and coordinated with the IECC and
ASHRAE Standard 90.1 cycles at a level that is—

(aa)

at the maximum
level of energy efficiency that is technologically feasible and life-cycle cost
effective, while accounting for the economic considerations under subparagraph
(E);

(bb)

higher than the
preceding target; and

(cc)

on a path to
achieving zero-net-energy buildings.

(II)

Initial
targets

Not later than 1 year after the date of enactment of this
clause, the Secretary shall establish initial targets under this
subparagraph.

(III)

Different
target years

Subject to subclause (I), prior to the applicable
year, the Secretary may set a different target year for any of model codes
described in clause (i) if the Secretary determines that a higher target cannot
be met.

(IV)

Small
business

When establishing targets under this subparagraph
through rulemaking, the Secretary shall ensure compliance with the Small
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note; Public
Law 104–121).

(D)

Appliance
standards and other factors affecting building energy use

In
establishing building code targets under subparagraph (C), the Secretary shall
develop and adjust the targets in recognition of potential savings and costs
relating to—

(i)

efficiency gains
made in appliances, lighting, windows, and insulation;

(ii)

advancement of
distributed generation and on-site renewable power generation
technologies;

(iii)

equipment
improvements for heating, cooling, and ventilation systems;

(iv)

building
management systems and SmartGrid technologies to reduce energy use; and

(v)

other
technologies, practices, and building systems that the Secretary considers
appropriate regarding building plug load and other energy uses.

(E)

Economic
considerations

In establishing and revising building code targets
under subparagraph (C), the Secretary shall consider the economic feasibility
of achieving the proposed targets established under this section and the
potential costs and savings for consumers and building owners, including a
return on investment analysis.

(3)

Technical
assistance to model code-setting and standard development
organizations

(A)

In
general

The Secretary shall, on a timely basis, provide technical
assistance to model code-setting and standard development organizations.

(B)

Assistance

The
assistance shall include, as requested by the organizations, technical
assistance in—

(i)

evaluating code or
standards proposals or revisions;

(ii)

building energy
analysis and design tools;

(iii)

building
demonstrations;

(iv)

developing
definitions of energy use intensity and building types for use in model codes
or in evaluating the efficiency impacts of the codes;

(v)

performance-based
standards; and

(vi)

evaluating
economic considerations under paragraph (2)(E).

(C)

Amendment
proposals

The Secretary may submit timely code and standard
amendment proposals to the model code-setting and standard development
organizations, with supporting evidence, sufficient to enable the model
building energy codes and standards to meet the targets established under
paragraph (2)(C).

(D)

Analysis
methodology

The Secretary shall make publicly available the
entire calculation methodology (including input assumptions and data) used by
the Secretary to estimate the energy savings of code or standard proposals and
revisions.

(4)

Determination
and establishment

(A)

Revision of
model building codes and standards

If the provisions of the IECC
or ASHRAE Standard 90.1 regarding building energy use are revised, the
Secretary shall make a preliminary determination not later than 90 days after
the date of the revision, and a final determination not later than 1 year after
the date of the revision, on whether the revision will—

(i)

improve energy
efficiency in buildings compared to the existing national model building energy
code; and

(ii)

meet the
applicable targets under paragraph (2)(C).

(B)

Codes or
standards not meeting targets

(i)

In
general

If the Secretary makes a preliminary determination under
subparagraph (A)(ii) that a code or standard does not meet the targets
established under paragraph (2)(C), the Secretary may at the same time provide
the model code or standard developer with proposed changes that would result in
a model code that meets the targets and with supporting evidence, taking into
consideration—

available
appliances, technologies, materials, and construction practices; and

(III)

potential costs,
savings and other benefits for consumers and building owners, including the
impact on overall building ownership and operating costs.

(ii)

Incorporation
of changes

(I)

In
general

On receipt of the proposed changes, the model code or
standard developer shall have an additional 180 days to incorporate changes
into the model code or standard.

(II)

Final
determination

A final determination under subparagraph (A) shall
be on the modified model code or standard.

(C)

Positive
determinations

If the Secretary makes positive final
determinations under clauses (i) and (ii) of subparagraph (A) or under clause
(i) of subparagraph (A) if the applicable target has not been established, the
revised IECC or ASHRAE Standard 90.1 shall be established as the relevant
national model building energy code.

(D)

Establishment by
Secretary

(i)

In
general

If the Secretary makes a negative final determination
under subparagraph (A)(ii), the Secretary shall at the same time establish a
modified national model building energy code.

(ii)

Codes or
standards not updated

If the IECC or ASHRAE Standard 90.1 is not
revised by a target date under paragraph (2), the Secretary shall, not later
than 90 days after the target date, issue a draft of, and not later than 1 year
after the target date, establish, a modified national model building energy
code.

(iii)

Requirements

Any
national model building energy code established under this subparagraph
shall—

(I)

meet the targets
established under paragraph (2);

(II)

achieve the
maximum level of energy savings that is technologically feasible and life-cycle
cost-effective, while accounting for the economic considerations under
paragraph (2)(E); and

(III)

be based on the
latest edition of the IECC or ASHRAE Standard 90.1, including any subsequent
amendments, addenda, or additions, but may also consider other model codes or
standards.

(5)

Administration

In
carrying out this section, the Secretary shall—

(A)

publish notice of
targets, determinations, and national model building energy codes under this
section in the Federal Register to provide an explanation of and the basis for
such actions, including any supporting modeling, data, assumptions, protocols,
and cost-benefit analysis, including return on investment; and

(B)

provide an
opportunity for public comment on targets, determinations, and national model
building energy codes under this section.

(b)

State
certification of building energy code updates

(1)

Review and
updating of codes by each State

(A)

In
general

Not later than 2 years after the date on which a national
model building energy code is established or revised under subsection (a), each
State shall certify whether or not the State has reviewed and updated the
energy provisions of the building code of the State.

(B)

Demonstration

The
certification shall include a demonstration of whether or not the code
provisions that are in effect throughout the State—

(i)

meet or exceed the
revised model code; or

(ii)

achieve
equivalent or greater energy savings.

(C)

No model code
update

If the Secretary fails to revise a national model building
energy code by the date specified in subsection (a)(4), each State shall, not
later than 2 years after the specified date, certify whether or not the State
has reviewed and updated the energy provisions of the building code of the
State to meet or exceed the target in subsection (a)(2).

(2)

Validation by
Secretary

Not later than 90 days after a State certification
under paragraph (1), the Secretary shall—

(A)

determine whether
the code provisions of the State meet the criteria specified in paragraph (1);
and

(B)

if the
determination is positive, validate the certification.

(c)

Improvements in
compliance with building energy codes

(1)

Requirement

(A)

In
general

Not later than 3 years after the date of a certification
under subsection (b), each State shall certify whether or not the State
has—

(i)

achieved full
compliance under paragraph (3) with the certified State building energy code or
with the associated national model building energy code; or

(ii)

made significant
progress under paragraph (4) toward achieving compliance with the certified
State building energy code or with the associated national model building
energy code.

(B)

Repeat
certifications

If the State certifies progress toward achieving
compliance, the State shall repeat the certification until the State certifies
that the State has achieved full compliance.

(2)

Measurement of
compliance

A certification under paragraph (1) shall include
documentation of the rate of compliance based on—

(A)

independent
inspections of a random sample of the buildings covered by the code in the
preceding year; or

(B)

an alternative
method that yields an accurate measure of compliance.

(3)

Achievement of
compliance

A State shall be considered to achieve full compliance
under paragraph (1) if—

(A)

at least 90
percent of building space covered by the code in the preceding year
substantially meets all the requirements of the applicable code specified in
paragraph (1), or achieves equivalent or greater energy savings level;
or

(B)

the estimated
excess energy use of buildings that did not meet the applicable code specified
in paragraph (1) in the preceding year, compared to a baseline of comparable
buildings that meet this code, is not more than 5 percent of the estimated
energy use of all buildings covered by this code during the preceding
year.

(4)

Significant
progress toward achievement of compliance

A State shall be
considered to have made significant progress toward achieving compliance for
purposes of paragraph (1) if the State—

(A)

has developed and
is implementing a plan for achieving compliance during the 8-year-period
beginning on the date of enactment of this paragraph, including annual targets
for compliance and active training and enforcement programs; and

(B)

has met the most
recent target under subparagraph (A).

(5)

Validation by
Secretary

Not later than 90 days after a State certification
under paragraph (1), the Secretary shall—

(A)

determine whether
the State has demonstrated meeting the criteria of this subsection, including
accurate measurement of compliance; and

(B)

if the
determination is positive, validate the certification.

(d)

States that do
not meet targets

(1)

Reporting

A
State that has not made a certification required under subsection (b) or (c) by
the applicable deadline shall submit to the Secretary a report on—

(A)

the status of the
State with respect to meeting the requirements and submitting the
certification; and

(B)

a plan for meeting
the requirements and submitting the certification.

(2)

States out of
conformance

Any State for which the Secretary has not accepted a
certification by a deadline under subsection (b) or (c) shall be considered out
of conformance with this section until such time as the State submits and the
Secretary validates the required certification.

(3)

Local
government

In any State that is out of conformance with this
section, a local government may be considered in conformance with this section
by meeting the certification requirements under subsections (b) and (c).

(4)

Federal
support

The Secretary shall, as appropriate, make conformance of
a jurisdiction with this section a criterion in grants or other support for
code adoption and compliance activities for State and local governments.

(5)

Annual reports
by Secretary

(A)

In
general

The Secretary shall annually submit to Congress, and
publish in the Federal Register, a report on—

(i)

the status of
national model building energy codes;

(ii)

the status of
code adoption and compliance in the States;

(iii)

implementation
of this section; and

(iv)

improvements in
energy savings over time as result of the goals established under subsection
(a)(2)(B) and targets established under subsection (a)(2)(C).

(B)

Impacts

The
report shall include estimates of impacts of past action under this section,
and potential impacts of further action, on—

The Secretary shall provide technical
assistance to States to implement the requirements of this section, including
procedures and technical analysis for States—

(1)

to demonstrate
that the code provisions of the States achieve equivalent or greater energy
savings than the national model building energy codes;

(2)

to document the
rate of compliance with a building energy code; and

(3)

to improve and
implement State residential and commercial building energy codes or otherwise
promote the design and construction of energy efficient buildings.

(f)

Availability of
incentive funding

(1)

In
general

The Secretary shall provide incentive funding to
States—

(A)

to implement the
requirements of this section;

(B)

to improve and
implement residential and commercial building energy codes, including
increasing and verifying compliance with the codes and training of State and
local building code officials to implement and enforce the codes; and

(C)

to promote
building energy efficiency through the use of the codes.

(2)

Additional
funding

Additional funding shall be provided under this
subsection for implementation of a plan to achieve and document full compliance
with residential and commercial building energy codes under subsection
(c)—

(A)

to a State that is
in conformance with this section under subsection (d)(2); and

(B)

in a State which
is not eligible under subparagraph (A), to a local government that is in
conformance with this section under subsection (d)(3).

(3)

Training

Of
the amounts made available under this subsection, the State may use amounts
required, but not to exceed $750,000 for a State, to train State and local
building code officials to implement and enforce codes described in paragraph
(2).

(4)

Local
governments

States may share grants under this subsection with
local governments that implement and enforce the codes.

(g)

Voluntary
advanced standards

(1)

In
general

The Secretary shall provide technical and financial
support for the development of voluntary advanced standards for residential and
commercial buildings for use in—

(A)

green building
design;

(B)

voluntary and
market transformation programs;

(C)

incentive
criteria; and

(D)

voluntary adoption
by States.

(2)

Targets

The
voluntary advanced standards shall be designed to achieve energy savings of at
least 30 percent compared to the national model building energy codes.

(3)

Preference

In
carrying out this subsection, the Secretary shall give preference to advanced
standards developed by the International Code Council and by ASHRAE.

(h)

Studies

The
Secretary, in consultation with building science experts from the National
Laboratories and institutions of higher education, designers and builders of
energy-efficient residential and commercial buildings, code officials, and
other stakeholders, shall undertake a study of the feasibility, impact, and
merit of—

(1)

code improvements
that would require that buildings be designed, sited, and constructed in a
manner that makes the buildings more adaptable in the future to become
zero-net-energy after initial construction, as advances are achieved in
energy-saving technologies;

(2)

code procedures to
incorporate measured lifetimes, not just first-year energy use, in trade-offs
and performance calculations; and

(3)

legislative
options for increasing energy savings from building energy codes, including
additional incentives for effective State and local action, and verification of
compliance with and enforcement of a code other than by a State or local
government.

(i)

Authorization of
appropriations

There are authorized to be appropriated to carry
out this subsection—

(1)

$100,000,000 for
each of fiscal years 2012 through 2015; and

(2)

such sums as are
necessary for fiscal year 2016 and each fiscal year
thereafter.

.

(b)

Definition of
IECC

Section 303 of the Energy Conservation and Production Act
(42 U.S.C. 6832) is amended by adding at the end the following:

for showerheads,
faucets, water closets, and urinals, prescribe a minimum level of water
efficiency or a maximum quantity of water use, determined in accordance with
test procedures prescribed under section 323; and

(iii)

for clothes
washers and dishwashers—

(I)

prescribe a
minimum level of energy efficiency or a maximum quantity of energy use,
determined in accordance with test procedures prescribed under section 323;
and

(II)

include a minimum
level of water efficiency or a maximum quantity of water use, determined in
accordance with those test procedures.

(B)

Inclusions

The
term energy conservation standard includes—

(i)

1 or more design
requirements, if the requirements were established—

(I)

on or before the
date of enactment of this subclause;

(II)

as part of a
direct final rule under section 325(p)(4); or

(III)

as part of a
final rule published on or after January 1, 2012; and

(ii)

any other
requirements that the Secretary may prescribe under section 325(r).

(C)

Exclusion

The
term energy conservation standard does not include a performance
standard for a component of a finished covered product, unless regulation of
the component is specifically authorized or established pursuant to this
title.

;
and

(2)

by adding at the
end the following:

(67)

EER

The
term EER means energy efficiency ratio.

(68)

HSPF

The
term HSPF means heating seasonal performance
factor.

.

(b)

EER and HSPF
test procedures

Section 323(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end the
following:

(19)

EER and HSPF
test procedures

(A)

In
general

Subject to subparagraph (B), for purposes of residential
central air conditioner and heat pump standards that take effect on or before
January 1, 2015—

(i)

the EER shall be
tested at an outdoor test temperature of 95 degrees Fahrenheit; and

(ii)

the HSPF shall be
calculated based on Region IV conditions.

(B)

Revisions

The
Secretary may revise the EER outdoor test temperature and the conditions for
HSPF calculations as part of any rulemaking to revise the central air
conditioner and heat pump test
method.

.

(c)

Central air
conditioners and heat pumps

Section 325(d) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(d)) is amended by adding at the end the
following:

(4)

Central air
conditioners and heat pumps (except through-the-wall central air conditioners,
through-the-wall central air conditioning heat pumps, and small duct, high
velocity systems) manufactured on or after January 1, 2015

(A)

Base national
standards

(i)

Seasonal energy
efficiency ratio

The seasonal energy efficiency ratio of central
air conditioners and central air conditioning heat pumps manufactured on or
after January 1, 2015, shall not be less than the following:

(I)

Split Systems: 13
for central air conditioners and 14 for heat pumps.

(II)

Single Package
Systems: 14.

(ii)

Heating
seasonal performance factor

The heating seasonal performance
factor of central air conditioning heat pumps manufactured on or after January
1, 2015, shall not be less than the following:

(I)

Split Systems:
8.2.

(II)

Single Package
Systems: 8.0.

(B)

Regional
standards

(i)

Seasonal energy
efficiency ratio

The seasonal energy efficiency ratio of central
air conditioners and central air conditioning heat pumps manufactured on or
after January 1, 2015, and installed in States having historical average
annual, population weighted, heating degree days less than 5,000 (specifically
the States of Alabama, Arizona, Arkansas, California, Delaware, Florida,
Georgia, Hawaii, Kentucky, Louisiana, Maryland, Mississippi, Nevada, New
Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and
Virginia) or in the District of Columbia, the Commonwealth of Puerto Rico, or
any other territory or possession of the United States shall not be less than
the following:

(I)

Split Systems: 14
for central air conditioners and 14 for heat pumps.

(II)

Single Package
Systems: 14.

(ii)

Energy
efficiency ratio

The energy efficiency ratio of central air
conditioners (not including heat pumps) manufactured on or after January 1,
2015, and installed in the State of Arizona, California, New Mexico, or Nevada
shall be not less than the following:

(I)

Split Systems:
12.2 for split systems having a rated cooling capacity less than 45,000 BTU per
hour and 11.7 for products having a rated cooling capacity equal to or greater
than 45,000 BTU per hour.

(II)

Single Package
Systems: 11.0.

(iii)

Application of
subsection (o)(6)

Subsection
(o)(6) shall apply to the regional standards set forth in this
subparagraph.

(C)

Amendment of
standards

(i)

In
general

Not later than January 1, 2017, the Secretary shall
publish a final rule to determine whether the standards in effect for central
air conditioners and central air conditioning heat pumps should be
amended.

(ii)

Application

The
rule shall provide that any amendments shall apply to products manufactured on
or after January 1, 2022.

Not
later than 4 years in advance of the expected publication date of a final rule
for central air conditioners and heat pumps under subparagraph (C), the
Secretary shall convene and facilitate a forum for interested persons that are
fairly representative of relevant points of view (including representatives of
manufacturers of the covered product, States, and efficiency advocates), as
determined by the Secretary, to consider adding additional performance
standards or efficiency criteria in the forthcoming rule.

(ii)

Recommendation

If,
within 1 year of the initial convening of such a forum, the Secretary receives
a recommendation submitted jointly by such representative interested persons to
add 1 or more performance standards or efficiency criteria, the Secretary shall
incorporate the performance standards or efficiency criteria in the rulemaking
process, and, if justified under the criteria established in this section,
incorporate such performance standards or efficiency criteria in the revised
standard.

(iii)

No
recommendation

If no such joint recommendation is made within 1
year of the initial convening of such a forum, the Secretary may add additional
performance standards or efficiency criteria if the Secretary finds that the
benefits substantially exceed the burdens of the action.

(E)

New construction
levels

(i)

In
general

As part of any final rule concerning central air
conditioner and heat pump standards published after June 1, 2013, the Secretary
shall determine if the building code levels specified in section 327(f)(3)(C)
should be amended subject to meeting the criteria of subsection (o) when
applied specifically to new construction.

(ii)

Effective
date

Any amended levels shall not take effect before January 1,
2018.

(iii)

Amended
levels

The final rule shall contain the amended levels, if
any.

.

(d)

Through-the-Wall
central air conditioners, through-the-Wall central air conditioning heat pumps,
and small duct, high velocity systems

Section 325(d) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(d)) (as amended by
subsection (c)) is amended by adding at the end the following:

(5)

Standards for
through-the-wall central air conditioners, through-the-wall central air
conditioning heat pumps, and small duct, high velocity systems

(A)

Definitions

In
this paragraph:

(i)

Small duct, high
velocity system

The term small duct, high velocity
system means a heating and cooling product that contains a blower and
indoor coil combination that—

(I)

is designed for,
and produces, at least 1.2 inches of external static pressure when operated at
the certified air volume rate of 220–350 CFM per rated ton of cooling;
and

(II)

when applied in
the field, uses high velocity room outlets generally greater than 1,000 fpm
that have less than 6.0 square inches of free area.

The terms through-the-wall central air
conditioner and through-the-wall central air conditioning heat
pump mean a central air conditioner or heat pump, respectively, that is
designed to be installed totally or partially within a fixed-size opening in an
exterior wall, and—

(I)

is not
weatherized;

(II)

is clearly and
permanently marked for installation only through an exterior wall;

(III)

has a rated
cooling capacity no greater than 30,000 Btu/hr;

(IV)

exchanges all of
its outdoor air across a single surface of the equipment cabinet; and

(V)

has a combined
outdoor air exchange area of less than 800 square inches (split systems) or
less than 1,210 square inches (single packaged systems) as measured on the
surface area described in subclause (IV).

(iii)

Revision

The
Secretary may revise the definitions contained in this subparagraph through
publication of a final rule.

(B)

Small-duct
high-velocity systems

(i)

Seasonal energy
efficiency ratio

The seasonal energy efficiency ratio for
small-duct high-velocity systems shall be not less than 11.00 for products
manufactured on or after January 23, 2006.

(ii)

Heating
seasonal performance factor

The heating seasonal performance
factor for small-duct high-velocity systems shall be not less than 6.8 for
products manufactured on or after January 23, 2006.

(C)

Rulemaking

(i)

In
general

Not later than June 30, 2011, the Secretary shall publish
a final rule to determine whether standards for through-the-wall central air
conditioners, through-the-wall central air conditioning heat pumps and small
duct, high velocity systems should be amended.

(ii)

Application

The
rule shall provide that any new or amended standard shall apply to products
manufactured on or after June 30,
2016.

.

(e)

Furnaces

Section
325(f) of the Energy Policy and Conservation Act (42 U.S.C. 6295(f)) is amended
by adding at the end the following:

(5)

Non-weatherized
furnaces (including mobile home furnaces, but not including boilers)
manufactured on or after May 1, 2013, and weatherized furnaces manufactured on
or after January 1, 2015

(A)

Base national
standards

(i)

Non-weatherized
furnaces

The annual fuel utilization efficiency of
non-weatherized furnaces manufactured on or after May 1, 2013, shall be not
less than the following:

(I)

Gas furnaces, a
level determined by the Secretary in a final rule published not later than June
30, 2011.

(II)

Oil furnaces, 83
percent.

(ii)

Weatherized
furnaces

The annual fuel utilization efficiency of weatherized
gas furnaces manufactured on or after January 1, 2015, shall be not less than
81 percent.

(B)

Regional
standard

(i)

Annual fuel
utilization efficiency

Not later than June 30, 2011, the
Secretary shall—

(I)

publish a final
rule determining whether to establish a standard for the annual fuel
utilization efficiency of non-weatherized gas furnaces manufactured on or after
May 1, 2013, and installed in States having historical average annual,
population weighted, heating degree days equal to or greater than 5,000
(specifically the States of Alaska, Colorado, Connecticut, Idaho, Illinois,
Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri,
Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio,
Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington,
West Virginia, Wisconsin, and Wyoming); and

(II)

include in the
final rule described in subclause (I) any regional standard established under
this subparagraph.

(ii)

Application of
subsection (o)(6)

Subsection
(o)(6) shall apply to any regional standard established under this
subparagraph.

(C)

Amendment of
standards

(i)

Non-weatherized
furnaces

(I)

In
general

Not later than January 1, 2014, the Secretary shall
publish a final rule to determine whether the standards in effect for
non-weatherized furnaces should be amended.

(II)

Application

The
rule shall provide that any amendments shall apply to products manufactured on
or after January 1, 2019.

(ii)

Weatherized
furnaces

(I)

In
general

Not later than January 1, 2017, the Secretary shall
publish a final rule to determine whether the standard in effect for
weatherized furnaces should be amended.

(II)

Application

The
rule shall provide that any amendments shall apply to products manufactured on
or after January 1, 2022.

(D)

New construction
levels

(i)

In
general

(I)

Final rule
published after January 1, 2011

As part of any final rule
concerning furnace standards published after January 1, 2011, the Secretary
shall establish the building code levels referred to in subclauses (I)(aa),
(II)(aa), and (III)(aa) of section 327(f)(3)(C)(i) subject to meeting the
criteria of subsection (o) when applied specifically to new
construction.

(II)

Final rule
published after June 1, 2013

As part of any final rule concerning
furnace standards published after June 1, 2013, the Secretary shall determine
if the building code levels specified in or pursuant to section 327(f)(3)(C)
should be amended subject to meeting the criteria of subsection (o) when
applied specifically to new construction.

in paragraph (3),
by striking subparagraphs (B) through (F) and inserting the following:

(B)

The code does not
contain a mandatory requirement that, under all code compliance paths, requires
that the covered product have an energy efficiency exceeding 1 of the following
levels:

(i)

The applicable
energy conservation standard established in or prescribed under section
325.

(ii)

The level
required by a regulation of the State for which the Secretary has issued a rule
granting a waiver under subsection (d).

(C)

If the energy
consumption or conservation objective in the code is determined using covered
products, including any baseline building designs against which all submitted
building designs are to be evaluated, the objective is based on the use of
covered products having efficiencies not exceeding—

(i)

for residential
furnaces, central air conditioners, and heat pumps, effective not earlier than
January 1, 2013, and until such time as a level takes effect for the product
under clause (ii)—

(I)

for the States
described in section 325(f)(5)(B)(i)—

(aa)

for gas furnaces,
an AFUE level determined by the Secretary; and

(bb)

14 SEER for
central air conditioners (not including heat pumps);

(II)

for the States
and other localities described in section 325(d)(4)(B)(i) (except for the
States of Arizona, California, Nevada, and New Mexico)—

(aa)

for gas furnaces,
an AFUE level determined by the Secretary; and

(bb)

15 SEER for
central air conditioners;

(III)

for the States
of Arizona, California, Nevada, and New Mexico—

(aa)

for gas furnaces,
an AFUE level determined by the Secretary;

(bb)

15 SEER for
central air conditioners;

(cc)

an EER of 12.5
for air conditioners (not including heat pumps) with cooling capacity less than
45,000 Btu per hour; and

(dd)

an EER of 12.0
for air conditioners (not including heat pumps) with cooling capacity of 45,000
Btu per hour or more; and

(IV)

for all
States—

(aa)

85 percent AFUE
for oil furnaces; and

(bb)

15 SEER and 8.5
HSPF for heat pumps;

(ii)

the building code
levels established pursuant to section 325; or

(iii)

the applicable
standards or levels specified in subparagraph (B).

(D)

The credit to the
energy consumption or conservation objective allowed by the code for installing
a covered product having an energy efficiency exceeding the applicable standard
or level specified in subparagraph (C) is on a 1-for-1 equivalent energy use or
equivalent energy cost basis, which may take into account the typical lifetimes
of the products and building features, using lifetimes for covered products
based on information published by the Department of Energy or the American
Society of Heating, Refrigerating and Air-Conditioning Engineers.

(E)

If the code sets
forth 1 or more combinations of items that meet the energy consumption or
conservation objective, and if 1 or more combinations specify an efficiency
level for a covered product that exceeds the applicable standards and levels
specified in subparagraph (B)—

(i)

there is at least
1 combination that includes such covered products having efficiencies not
exceeding 1 of the standards or levels specified in subparagraph (B);
and

(ii)

if 1 or more
combinations of items specify an efficiency level for a furnace, central air
conditioner, or heat pump that exceeds the applicable standards and levels
specified in subparagraph (B), there is at least 1 combination that the State
has found to be reasonably achievable using commercially available technologies
that includes such products having efficiencies at the applicable levels
specified in subparagraph (C), except that no combination need include a
product having an efficiency less than the level specified in subparagraph
(B)(ii).

(F)

The energy
consumption or conservation objective is specified in terms of an estimated
total consumption of energy (which may be specified in units of energy or its
equivalent
cost).

;

(2)

in paragraph
(4)(B)—

(A)

by inserting after
building code the first place it appears the following:
contains a mandatory requirement that, under all code compliance
paths,; and

(B)

by striking
unless the and all that follows through subsection
(d); and

(3)

by adding at the
end the following:

(5)

Replacement of
covered product

Paragraph (3) shall not apply to the replacement
of a covered product serving an existing building unless the replacement
results in an increase in capacity greater than—

(A)

12,000 Btu per
hour for residential air conditioners and heat pumps; or

Section 321 of the Energy
Policy and Conservation Act (42 U.S.C. 6291) is amended by inserting after
paragraph (25) the following:

(25A)

Coefficient of performance of heat pump pool
heaters

The term coefficient of performance of heat pump
pool heaters means the ratio of the capacity to power input value
obtained at the following rating conditions: 50.0 °F db/44.2 °F wb outdoor air
and 80.0 °F entering water temperatures, according to AHRI Standard
1160.

.

(3)

Thermal
efficiency of gas-fired pool heaters

Section 321(26) of the
Energy Policy and Conservation Act (42 U.S.C. 6291(26)) is amended by inserting
gas-fired before pool heaters.

Bottle-type water dispensers and
compartment bottle-type water dispensers.

(21)

Commercial hot food holding
cabinets.

(22)

Portable electric
spas.

.

(2)

Conforming
amendments

(A)

Section 324 of the
Energy Policy and Conservation Act (42 U.S.C. 6294) is amended by striking
(19) each place it appears in subsections (a)(3), (b)(1)(B),
(b)(3), and (b)(5) and inserting (23).

(B)

Section 325(l) of
the Energy Policy and Conservation Act (42 U.S.C. 6295(l)) is amended by
striking paragraph (19) each place it appears in paragraphs (1)
and (2) and inserting paragraph (23).

(c)

Test procedures

Section 323(b) of the Energy Policy and
Conservation Act (42
U.S.C. 6293(b)) (as amended by section 111(b)) is amended by
adding at the end the following:

(20)

Bottle-type water dispensers

(A)

In general

Test procedures for bottle-type water
dispensers and compartment bottle-type water dispensers shall be based on the
document Energy Star Program Requirements for Bottled Water Coolers
version 1.1 published by the Environmental Protection Agency.

(B)

Integral, automatic timers

A unit with an integral, automatic timer
shall not be tested under this paragraph using section 4D of the test criteria
(relating to Timer Usage).

(21)

Commercial hot food holding
cabinets

(A)

In general

Test procedures for commercial hot food
holding cabinets shall be based on the test procedures described in ANSI/ASTM
F2140–01 (Test for idle energy rate-dry test).

(B)

Interior volume

Interior volume shall be based under this
paragraph on the method demonstrated in the document Energy Star Program
Requirements for Commercial Hot Food Holding Cabinets of the
Environmental Protection Agency, as in effect on August 15, 2003.

(22)

Portable electric spas

(A)

In general

Test procedures for portable electric spas
shall be based on the test method for portable electric spas described in
section 1604 of title 20, California Code of Regulations, as amended on
December 3, 2008.

(B)

Normalized consumption

Consumption shall be normalized under this
paragraph for a water temperature difference of 37 degrees Fahrenheit.

(C)

ANSI test procedure

If the American National Standards
Institute publishes a test procedure for portable electric spas, the Secretary
shall revise the procedure established under this paragraph, as determined
appropriate by the
Secretary.

Effective beginning on the date that is 1
year after the date of enactment of the Energy Savings and Industrial Competitiveness Act of
2011—

(1)

a bottle-type water dispenser shall not
have standby energy consumption that is greater than 1.2 kilowatt-hours per
day; and

(2)

a compartment bottle-type water dispenser
shall not have standby energy consumption that is greater than 1.3
kilowatt-hours per day.

(jj)

Commercial hot food holding
cabinets

Effective beginning
on the date that is 1 year after the date of enactment of the
Energy Savings and Industrial Competitiveness
Act of 2011, a commercial hot food holding cabinet shall have a
maximum idle energy rate of 40 watts per cubic foot of interior volume.

(kk)

Portable electric spas

Effective beginning on the date that is 1
year after the date of enactment of the Energy Savings and Industrial Competitiveness Act of
2011, a portable electric spa shall not have a normalized standby
power rate of greater than 5 (V2/3) Watts (in which
V equals the fill volume (in gallons)).

(ll)

Revisions

(1)

In general

Not later than the date that is 3 years
after the date of enactment of the Energy
Savings and Industrial Competitiveness Act of 2011, the Secretary
shall—

(A)

consider in accordance with subsection (o)
revisions to the standards established under subsections (ii), (jj), and (kk);
and

(B)(i)

publish a final rule establishing the
revised standards; or

(ii)

make a finding that no revisions are
technically feasible and economically justified.

(2)

Effective
date

Any revised standards
under this subsection shall take effect not earlier than the date that is 3
years after the date of the publication of the final
rule.

in subparagraph
(A)(i), by striking amend and inserting publish in the
Federal Register amended; and

(2)

by adding at the
end the following:

(B)

Petitions

(i)

In
general

In the case of any covered product, any person may
petition the Secretary to conduct a rulemaking—

(I)

to prescribe a
test procedure for the covered product; or

(II)

to amend the test
procedures applicable to the covered product to more accurately or fully comply
with paragraph (3).

(ii)

Determination

The
Secretary shall—

(I)

not later than 90
days after the date of receipt of the petition, publish the petition in the
Federal Register; and

(II)

not later than
180 days after the date of receipt of the petition, grant or deny the
petition.

(iii)

Basis

The
Secretary shall grant a petition if the Secretary finds that the petition
contains evidence that, assuming no other evidence was considered, provides an
adequate basis for determining that an amended test procedure would more
accurately or fully comply with paragraph (3).

(iv)

Effect on other
requirements

The granting of a petition by the Secretary under
this subparagraph shall create no presumption with respect to the determination
of the Secretary that the proposed test procedure meets the requirements of
paragraph (3).

(v)

Rulemaking

(I)

In
general

Except as provided in subclause (II), not later than the
end of the 18-month period beginning on the date of granting a petition, the
Secretary shall publish an amended test procedure or a determination not to
amend the test procedure.

(II)

Extension

The
Secretary may extend the period described in subclause (I) for 1 additional
year.

(III)

Direct final
rule

The Secretary may adopt a consensus test procedure in
accordance with the direct final rule procedure established under section
325(p)(4).

(C)

Test
procedures

The Secretary may, in accordance with the requirements
of this subsection, prescribe test procedures for any consumer product
classified as a covered product under section 322(b).

(D)

New or amended
test procedures

The Secretary shall direct the National Institute
of Standards and Technology to assist in developing new or amended test
procedures.

in subsection (a),
by striking paragraph (1) and inserting the following:

(1)

Amendment and
petition process

(A)

In
general

At least once every 7 years, the Secretary shall review
test procedures for all covered equipment and—

(i)

publish in the
Federal Register amended test procedures with respect to any covered equipment,
if the Secretary determines that amended test procedures would more accurately
or fully comply with paragraphs (2) and (3); or

(ii)

publish notice in
the Federal Register of any determination not to amend a test procedure.

(B)

Petitions

(i)

In
general

In the case of any class or category of covered
equipment, any person may petition the Secretary to conduct a
rulemaking—

(I)

to prescribe a
test procedure for the covered equipment; or

(II)

to amend the test
procedures applicable to the covered equipment to more accurately or fully
comply with paragraphs (2) and (3).

(ii)

Determination

The
Secretary shall—

(I)

not later than 90
days after the date of receipt of the petition, publish the petition in the
Federal Register; and

(II)

not later than
180 days after the date of receipt of the petition, grant or deny the
petition.

(iii)

Basis

The
Secretary shall grant a petition if the Secretary finds that the petition
contains evidence that, assuming no other evidence was considered, provides an
adequate basis for determining that an amended test method would more
accurately promote energy or water use efficiency.

(iv)

Effect on other
requirements

The granting of a petition by the Secretary under
this paragraph shall create no presumption with respect to the determination of
the Secretary that the proposed test procedure meets the requirements of
paragraphs (2) and (3).

(v)

Rulemaking

(I)

In
general

Except as provided in subclause (II), not later than the
end of the 18-month period beginning on the date of granting a petition, the
Secretary shall publish an amended test method or a determination not to amend
the test method.

(II)

Extension

The
Secretary may extend the period described in subclause (I) for 1 additional
year.

(III)

Direct final
rule

The Secretary may adopt a consensus test procedure in
accordance with the direct final rule procedure established under section
325(p).

;

(2)

by striking
subsection (c); and

(3)

by redesignating
subsections (d) and (e) as subsections (c) and (d), respectively.

116.

Amendments to
home appliance test methods

Section 323(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6293(b)) (as amended by section 114(c)) is amended
by adding at the end the following:

(23)

Refrigerator
and freezer test procedure

(A)

In
general

Not later than 90 days after the date on which the
Secretary publishes the final standard rule that was proposed on September 27,
2010, the Secretary shall finalize the interim final test procedure rule
proposed on December 16, 2010, with such subsequent modifications to the test
procedure or standards as the Secretary determines to be appropriate and
consistent with this part.

(B)

Rulemaking

(i)

Initiation

Not
later than January 1, 2012, the Secretary shall initiate a rulemaking to amend
the test procedure described in subparagraph (A) only to incorporate measured
automatic icemaker energy use.

(ii)

Final
rule

Not later than December 31, 2012, the Secretary shall
publish a final rule regarding the matter described in clause (i).

(24)

Additional home
appliance test procedures

(A)

Amended test
procedure for clothes washers

Not later than October 1, 2011, the
Secretary shall publish a final rule amending the residential clothes washer
test procedure.

(B)

Amended test
procedure for clothes dryers

(i)

In
general

Not later than 180 days after the date of enactment of
this paragraph, the Secretary shall publish an amended test procedure for
clothes dryers.

(ii)

Requirement

The
amendments to the test procedure shall be limited to modifications requiring
that tested dryers are run until the cycle (including cool down) is ended by
automatic termination controls, if equipped with those
controls.

.

117.

Credit for
Energy Star smart appliances

Section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a) is amended by adding at the end the
following:

(e)

Credit for Smart
Appliances

Not later than 180 days after the date of enactment of
this subsection, after soliciting comments pursuant to subsection (c)(5), the
Administrator of the Environmental Protection Agency, in cooperation with the
Secretary, shall determine whether to update the Energy Star criteria for
residential refrigerators, refrigerator-freezers, freezers, dishwashers,
clothes washers, clothes dryers, and room air conditioners to incorporate smart
grid and demand response
features.

.

118.

Video game
console energy efficiency study

(a)

In
general

Part B of title III of the Energy Policy and Conservation
Act is amended by inserting after section 324A (42 U.S.C. 6294a) the
following:

324B.

Video game
console energy efficiency study

(a)

Initial
study

(1)

In
general

Not later than 1 year after the date of enactment of this
section, the Secretary shall conduct a study of—

(A)

video game console
energy use; and

(B)

opportunities for
energy savings regarding that energy use.

(2)

Inclusions

The
study under paragraph (1) shall include an assessment of all power-consuming
modes and media playback modes of video game consoles.

(b)

Action on
completion

On completion of the initial study under subsection
(a), the Secretary shall determine, by regulation, using the criteria and
procedures described in section 325(n)(2), whether to initiate a process for
establishing minimum energy efficiency standards for video game console energy
use.

(c)

Follow-Up
study

If the Secretary determines under subsection (b) that
standards should not be established, the Secretary shall conduct a follow-up
study in accordance with subsection (a) by not later than 3 years after the
date of the
determination.

.

(b)

Application
date

Subsection (nn)(1) of section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) (as redesignated by section 114(d)(1)) is
amended by inserting or section 324B after subsection
(l), (u), or (v) each place it appears.

119.

Refrigerator
and freezer standards

Section
325(b) of the Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is amended
by striking paragraph (4) and inserting the following:

(4)

Refrigerators,
refrigerator-freezers, and freezers manufactured as of January 1, 2014

(A)

Definition of
built-in product class

In this paragraph, the term built-in
product class means a refrigerator, freezer, or refrigerator with a
freezer unit that—

(i)

is 7.75 cubic feet
or greater in total volume and 24 inches or less in cabinet depth (not
including doors, handles, and custom front panels);

(ii)

is designed to be
totally encased by cabinetry or panels attached during installation;

(iii)

is designed to
accept a custom front panel or to be equipped with an integral factory-finished
face;

(iv)

is designed to be
securely fastened to adjacent cabinetry, walls, or floors; and

(v)

has 2 or more
sides that are not—

(I)

fully finished;
and

(II)

intended to be
visible after installation.

(B)

Maximum energy
use

(i)

In
general

Based on the test procedure in effect on July 9, 2010,
the maximum energy use allowed in kilowatt hours per year for each product
described in the table contained in clause (ii) (other than refrigerators and
refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet
and freezers with total refrigerated volume exceeding 30 cubic feet) that is
manufactured on or after January 1, 2014, is specified in the table contained
in that clause.

(ii)

Standards
equations

The allowed maximum energy use referred to in clause
(i) is as follows:

Standards
Equations

Product
Description

Automatic Defrost
Refrigerator-Freezers

Top
Freezer w/o TTD ice

7.35 AV+ 207.0

Top
Freezer w/ TTD ice

7.65 AV+ 267.0

Side
Freezer w/o TTD ice

3.68 AV+ 380.6

Side
Freezer w/ TTD ice

7.58 AV+ 304.5

Bottom
Freezer w/o TTD ice

3.68 AV+ 367.2

Bottom
Freezer w/ TTD ice

4.0 AV+ 431.2

Manual & Partial
Automatic Refrigerator-Freezers

Manual
Defrost

7.06 AV+ 198.7

Partial
Automatic

7.06 AV+ 198.7

All Refrigerators

Manual
Defrost

7.06 AV+ 198.7

Automatic
Defrost

7.35 AV+ 207.0

All Freezers

Upright
with manual defrost

5.66 AV+ 193.7

Upright
with automatic defrost

8.70 AV+ 228.3

Chest with
manual defrost

7.41 AV+ 107.8

Chest with
automatic defrost

10.33 AV+ 148.1

Automatic Defrost
Refrigerator-Freezers–Compact Size

Top
Freezer and Bottom Freezer

10.80 AV+ 301.8

Side
Freezer

6.08 AV+ 400.8

Manual & Partial
Automatic Refrigerator-Freezers–Compact Size

Manual
Defrost

8.03 AV+ 224.3

Partial
Automatic

5.25 AV+ 298.5

All Refrigerators–Compact
Size

Manual
defrost

8.03 AV+ 224.3

Automatic
defrost

9.53 AV+ 266.3

All Freezers–Compact Size

Upright
with manual defrost

8.80 AV+ 225.7

Upright
with automatic defrost

10.26 AV+ 351.9

Chest

9.41 AV+ 136.8

Automatic Defrost
Refrigerator-Freezers–Built-ins

Top
Freezer w/o TTD ice

7.84 AV+ 220.8

Side
Freezer w/o TTD ice

3.93 AV+ 406.0

Side
Freezer w/ TTD ice

8.08 AV+ 324.8

Bottom
Freezer w/o TTD ice

3.91 AV+ 390.2

Bottom
Freezer w/ TTD ice

4.25 AV+ 458.2

All Refrigerators–Built-ins

Automatic
Defrost

7.84 AV+ 220.8

All Freezers–Built-ins

Upright
with automatic defrost

9.32 AV+ 244.6.

(iii)

Final
rules

(I)

In
general

Except as provided in subclause (II), after the date of
publication of each test procedure change made pursuant to section 323(b)(23),
in accordance with the procedures described in section 323(e)(2), the Secretary
shall publish final rules to amend the standards specified in the table
contained in clause (ii).

(II)

Exception

The
standards amendment made pursuant to the test procedure change required under
section 323(b)(23)(B) shall be based on the difference between—

(aa)

the average
measured automatic ice maker energy use of a representative sample for each
product class; and

(bb)

the value assumed
by the Department of Energy for ice maker energy use in the test procedure
published pursuant to section 323(b)(23)(A).

(III)

Applicability

Section
323(e)(3) shall not apply to the rules described in this clause.

(iv)

Final
rule

The Secretary shall publish any final rule required by
clause (iii) by not later than the later of the date that is 180 days
after—

(I)

the date of
enactment of this clause; or

(II)

the date of
publication of a final rule to amend the test procedure described in section
323(b)(23).

(v)

New product
classes

The Secretary may establish 1 or more new product classes
as part of the final amended standard adopted pursuant to the test procedure
change required under section 323(b)(23)(B) if the 1 or more new product
classes are needed to distinguish among products with automatic
icemakers.

(vi)

Effective dates
of standards

(I)

Standards
amendment for first revised test procedure

A standards amendment
adopted pursuant to a test procedure change required under section
323(b)(23)(A) shall apply to any product manufactured as of January 1,
2014.

(II)

Standards
amendment after revised test procedure for icemaker energy

An
amendment adopted pursuant to a test procedure change required under section
323(b)(23)(B) shall apply to any product manufactured as of the date that is 3
years after the date of publication of the final rule amending the
standards.

(vii)

Slope and
intercept adjustments

(I)

In
general

With respect to refrigerators, freezers, and
refrigerator-freezers, the Secretary may, by rule, adjust the slope and
intercept of the equations specified in the table contained in clause
(ii)—

(aa)

based on the
energy use of typical products of various sizes in a product class; and

(bb)

if the average
energy use for each of the classes is the same under the new equations as under
the equations specified in the table contained in clause (ii).

(II)

Deadline

If
the Secretary adjusts the slope and intercept of an equation described in
subclause (I), the Secretary shall publish the final rule containing the
adjustment by not later than July 1, 2011.

(viii)

Effect

A
final rule published under clause (iii) pursuant to the test procedure change
required under section 323(b)(23)(B) or pursuant to clause (iv) shall not be
considered to be an amendment to the standard for purposes of section
325(m).

.

120.

Room air
conditioner standards

Section
325(c) of the Energy Policy and Conservation Act (42 U.S.C. 6295(c)) is amended
by adding at the end the following:

(3)

Minimum energy
efficiency ratio of room air conditioners manufactured on or after June 1,
2014

(A)

In
general

Based on the test procedure in effect on July 9, 2010,
the minimum energy efficiency ratios of room air conditioners manufactured on
or after June 1, 2014, shall not be less than that specified in the table
contained in subparagraph (B).

(B)

Minimum energy
efficiency ratios

The minimum energy efficiency ratios referred
to in subparagraph (A) are as follows:

Product Description

Minimum EER

Without Reverse Cycle
w/Louvers

<6,000
Btu/h

11.2

6,000 to
7,999 Btu/h

11.2

8,000-13,999 Btu/h

11.0

14,000 to
19,999 Btu/h

10.8

20,000-27,999 Btu/h

9.4

≥28,000
Btu/h

9.0

Without Reverse Cycle w/o
Louvers

<6,000
Btu/h

10.2

6,000 to
7,999 Btu/h

10.2

8,000-10,999 Btu/h

9.7

11,000-13,999 Btu/h

9.6

14,000 to
19,999 Btu/h

9.4

≥20,000
Btu/h

9.4

With Reverse Cycle

<20,000
w/Louvers Btu/h

9.9

≥ 20,000
w/Louvers Btu/h

9.4

<14,000
w/o Louvers Btu/h

9.4

≥14,000
w/o Louvers Btu/h

8.8

Casement

Casement
Only

9.6

Casement-Slider

10.5.

(C)

Final
rule

(i)

In
general

Not later than July 1, 2011, pursuant to the test
procedure adopted by the Secretary on January 6, 2011, the Secretary shall
amend the standards specified in the table contained in subparagraph (B) in
accordance with the procedures described in section 323(e)(2).

The
amended standards described in subclause (I) shall reflect the levels of
standby and off mode energy consumption that meet the criteria described in
section 325(o).

(iii)

Applicability

(I)

Amendment of
standard

Section 323(e)(3) shall not apply to the amended
standards described in clause (i).

(II)

Amended
standards

The amended standards required by this subparagraph
shall apply to products manufactured on or after June 1,
2014.

.

121.

Uniform efficiency
descriptor for covered water heaters

Section 325(e) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(e)) is amended by adding at the end the
following:

(5)

Uniform
efficiency descriptor for covered water heaters

(A)

Definitions

In
this paragraph:

(i)

Covered water
heater

The term covered water heater means—

(I)

a water heater;
and

(II)

a storage water
heater, instantaneous water heater, and unfired water storage tank (as defined
in section 340).

(ii)

Final
rule

The term final rule means the final rule
published under this paragraph.

(B)

Publication of
final rule

Not later than 180 days after the date of enactment of
this paragraph, the Secretary shall publish a final rule that establishes a
uniform efficiency descriptor and accompanying test methods for covered water
heaters.

(C)

Purpose

The
purpose of the final rule shall be to replace with a uniform efficiency
descriptor—

(i)

the energy factor
descriptor for water heaters established under this subsection; and

(ii)

the thermal
efficiency and standby loss descriptors for storage water heaters,
instantaneous water heaters, and unfired water storage tanks established under
section 342(a)(5).

(D)

Effect of final
rule

(i)

In
general

Notwithstanding any other provision of this title,
effective beginning on the effective date of the final rule, the efficiency
standard for covered water heaters shall be denominated according to the
efficiency descriptor established by the final rule.

(ii)

Effective
date

The final rule shall take effect 1 year after the date of
publication of the final rule under subparagraph (B).

(E)

Conversion
factor

(i)

In
general

The Secretary shall develop a mathematical conversion
factor for converting the measurement of efficiency for covered water heaters
from the test procedures in effect on the date of enactment of this paragraph
to the new energy descriptor established under the final rule.

(ii)

Application

The
conversion factor shall apply to models of covered water heaters affected by
the final rule and tested prior to the effective date of the final rule.

(iii)

Effect on
efficiency requirements

The conversion factor shall not affect
the minimum efficiency requirements for covered water heaters otherwise
established under this title.

(iv)

Use

During
the period described in clause (v), a manufacturer may apply the conversion
factor established by the Secretary to rerate existing models of covered water
heaters that are in existence prior to the effective date of the rule described
in clause (v)(II) to comply with the new efficiency descriptor.

(v)

Period

Subclause
(E) shall apply during the period—

(I)

beginning on the
date of publication of the conversion factor in the Federal Register;
and

(II)

ending on April
16, 2015.

(F)

Exclusions

The
final rule may exclude a specific category of covered water heaters from the
uniform efficiency descriptor established under this paragraph if the Secretary
determines that the category of water heaters—

(i)

does not have a
residential use and can be clearly described in the final rule; and

(ii)

are effectively
rated using the thermal efficiency and standby loss descriptors applied (on the
date of enactment of this paragraph) to the category under section
342(a)(5).

(G)

Options

The
descriptor set by the final rule may be—

(i)

a revised version
of the energy factor descriptor in use on the date of enactment of this
paragraph;

(ii)

the thermal
efficiency and standby loss descriptors in use on that date;

(iii)

a revised
version of the thermal efficiency and standby loss descriptors;

(iv)

a hybrid of
descriptors; or

(v)

a new
approach.

(H)

Application

The
efficiency descriptor and accompanying test method established under the final
rule shall apply, to the maximum extent practicable, to all water heating
technologies in use on the date of enactment of this paragraph and to future
water heating technologies.

(I)

Participation

The
Secretary shall invite interested stakeholders to participate in the rulemaking
process used to establish the final rule.

(J)

Testing of
alternative descriptors

In establishing the final rule, the
Secretary shall contract with the National Institute of Standards and
Technology, as necessary, to conduct testing and simulation of alternative
descriptors identified for consideration.

(K)

Existing covered
water heaters

A covered water heater shall be considered to
comply with the final rule on and after the effective date of the final rule
and with any revised labeling requirements established by the Federal Trade
Commission to carry out the final rule if the covered water heater—

(i)

was manufactured
prior to the effective date of the final rule; and

(ii)

complied with the
efficiency standards and labeling requirements in effect prior to the final
rule.

.

122.

Clothes
dryers

Section 325(g)(4) of
the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(4)) is amended by
adding at the end the following:

(D)

Minimum energy
factors for clothes dryers

(i)

In
general

Based on the test procedure in effect as of July 9, 2010,
clothes dryers manufactured on or after January 1, 2015, shall comply with the
minimum energy factors specified in the table contained in clause (ii).

(ii)

New
standards

The minimum energy factors referred to in clause (i)
are as follows:

Product Description

EF

Vented
Electric Standard

3.17

Vented
Electric Compact 120V

3.29

Vented
Electric Compact 240V

3.05

Vented
Gas

2.81

Vent-Less
Electric Compact 240V

2.37

Vent-Less
Electric Combination Washer/Dryer

1.95

(iii)

Final
rule

(I)

Requirements

(aa)

In
general

The final rule to amend the clothes dryer test procedure
adopted pursuant to section 323(b)(24)(B) shall amend the energy factors
standards specified in the table contained in clause (ii) in accordance with
the procedures described in section 323(e)(2).

(bb)

Representative
sample

To establish a representative sample of compliant
products, the Secretary shall select a sample of minimally compliant dryers
that automatically terminate the drying cycle at not less than 4 percent
remaining moisture content.

(II)

Standby and off
mode energy consumption

(aa)

Integration

The
Secretary shall integrate standby and off mode energy consumption into the
amended standards required under subclause (I).

(bb)

Requirements

The
amended standards described in item (aa) shall reflect levels of standby and
off mode energy consumption that meet the criteria described in section
325(o).

(III)

Applicability

(aa)

Amendment of
standard

Section 323(e)(3) shall not apply to the amended
standards described in subclause (I).

(bb)

Amended
standards

The amended standards required by this clause shall
apply to products manufactured on or after January 1, 2015.

(iv)

Other
standards

Any dryer energy conservation standard that takes
effect after the date of enactment of this subparagraph but before the amended
standard required by this subparagraph shall not
apply.

.

123.

Standards for
clothes washers

Section
325(g)(9) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(9)) is
amended by striking subparagraph (B) and inserting the following:

(B)

Amendment of
standards

(i)

Products
manufactured on or after January 1, 2015

(I)

In
general

Based on the test procedure in effect on July 9, 2010,
clothes washers manufactured on or after January 1, 2015, shall comply with the
minimum modified energy factors and maximum water factors specified in the
table contained in subclause (II).

(II)

Standards

The
minimum modified energy factors and maximum water factors referred to in
subclause (I) are as follows:

MEF

WF

Top
Loading—Standard

1.72

8.0

Top
Loading—Compact

1.26

14.0

Front
Loading—Standard

2.2

4.5

Front
Loading—Compact (less than 1.6 cu. ft. capacity)

1.72

8.0.

(ii)

Products
Manufactured on or after January 1, 2018

(I)

In
general

Based on the test procedure in effect on July 9, 2010,
top-loading clothes washers manufactured on or after January 1, 2018, shall
comply with the minimum modified energy factors and maximum water factors
specified in the table contained in subclause (II).

(II)

Standards

The
minimum modified energy factors and maximum water factors referred to in
subclause (I) are as follows:

MEF

WF

Top
Loading—Standard

2.0

6.0

Top
Loading—Compact

1.81

11.6.

(iii)

Final
rule

(I)

In
general

The final rule to amend the clothes washer test procedure
adopted pursuant to section 323(b)(24)(A) shall amend the standards described
in clauses (i) and (ii) in accordance with the procedures described in section
323(e)(2).

by inserting before subparagraph (D) (as
redesignated by paragraph (2)) the following:

(A)

Dishwashers
manufactured on or after January 1, 2010

A dishwasher
manufactured on or after January 1, 2010, shall—

(i)

for a standard
size dishwasher, not exceed 355 kilowatt hours per year and 6.5 gallons per
cycle; and

(ii)

for a compact
size dishwasher, not exceed 260 kilowatt hours per year and 4.5 gallons per
cycle.

(B)

Dishwashers
manufactured on or after January 1, 2013

A dishwasher
manufactured on or after January 1, 2013, shall—

(i)

for a standard
size dishwasher, not exceed 307 kilowatt hours per year and 5.0 gallons per
cycle; and

(ii)

for a compact
size dishwasher, not exceed 222 kilowatt hours per year and 3.5 gallons per
cycle.

(C)

Requirements of
final rules

(i)

In
general

Any final rule to amend the dishwasher test procedure
after July 9, 2010, and before January 1, 2013, shall amend the standards
described in subparagraph (B) in accordance with the procedures described in
section 323(e)(2).

(ii)

Applicability

(I)

Amendment of
standard

Section 323(e)(3) shall not apply to the amended
standards described in clause (i).

(II)

Amended
standards

The amended standards required by this subparagraph
shall apply to products manufactured on or after January 1,
2013.

.

125.

Standards for
certain reflector lamps

Section 325(i) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(i)) is amended by adding at the end the
following:

(9)

Reflector
lamps

In conducting rulemakings for reflector lamps after January
1, 2014, the Secretary shall consider—

(A)

incandescent and
nonincandescent technologies; and

(B)

a new
energy-related measure, other than lumens per watt, that is based on the
photometric distribution of those
lamps.

Not later than 180 days after the date of receiving a
petition, the Secretary shall publish in the Federal Register a notice of, and
explanation for, the decision of the Secretary to grant or deny the
petition.

(4)

New or amended
standards

Not later than 3 years after the date of granting a
petition for new or amended standards, the Secretary shall publish in the
Federal Register—

in paragraph (1),
by striking for any manufacturer or private labeler to
distribute and inserting for any manufacturer (or representative
of a manufacturer), distributor, retailer, or private labeler to offer for sale
or distribute;

(2)

by striking
paragraph (5) and inserting the following:

(5)

for any
manufacturer (or representative of a manufacturer), distributor, retailer, or
private labeler—

(A)

to offer for sale
or distribute in commerce any new covered product that is not in conformity
with an applicable energy conservation standard established in or prescribed
under this part; or

(B)

if the standard is
a regional standard that is more stringent than the base national standard, to
offer for sale or distribute in commerce any new covered product having
knowledge (consistent with the definition of knowingly in
section 333(b)) that the product will be installed at a location covered by a
regional standard established in or prescribed under this part and will not be
in conformity with the
standard;

;

(3)

in paragraph (6)
(as added by section 306(b)(2) of Public Law 110–140 (121 Stat. 1559)), by
striking the period at the end and inserting a semicolon;

(4)

by redesignating
paragraph (6) (as added by section 321(e)(3) of Public Law 110–140 (121 Stat.
1586)) as paragraph (7);

(5)

in paragraph (7)
(as so redesignated)—

(A)

by striking
for any manufacturer, distributor, retailer, or private labeler to
distribute and inserting for any manufacturer (or representative
of a manufacturer), distributor, retailer, or private labeler to offer for sale
or distribute; and

(B)

by striking the
period at the end and inserting a semicolon; and

(6)

by inserting after
paragraph (7) (as so redesignated) the following:

(8)

for any
manufacturer or private labeler to distribute in commerce any new covered
product that has not been properly certified in accordance with the
requirements established in or prescribed under this part;

(9)

for any
manufacturer or private labeler to distribute in commerce any new covered
product that has not been properly tested in accordance with the requirements
established in or prescribed under this part; and

(10)

for any
manufacturer or private labeler to violate any regulation lawfully promulgated
to implement any provision of this
part.

by redesignating
paragraphs (22) and (23) (as amended by sections 312(a)(2) and 314(a) of the
Energy Independence and Security Act of 2007 (121 Stat. 1564, 1569)) as
paragraphs (23) and (24), respectively; and

in the first
sentence of subsection (a), by striking The and inserting
Except as otherwise provided in this section, the; and

(2)

by adding at the
end the following:

(i)

High light
output double-Ended quartz halogen lamps

(1)

In
general

Except as provided in paragraph (2), section 327 shall
apply to high light output double-ended quartz halogen lamps to the same extent
and in the same manner as described in section 325(nn)(1).

(2)

State energy
conservation standards

Any State energy conservation standard
that is adopted on or before January 1, 2015, pursuant to a statutory
requirement to adopt efficiency standard for reducing outdoor lighting energy
use enacted prior to January 31, 2008, shall not be
preempted.

.

129.

Standards for
commercial furnaces

Section
342(a) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)) is amended
by adding at the end the following:

(11)

Warm air furnaces
with an input rating of 225,000 Btu per hour or more and manufactured on or
after the date that is 1 year after the date of enactment of this paragraph
shall meet the following standard levels:

(A)

Gas-fired units
shall—

(i)

have a minimum
thermal efficiency of 80 percent;

(ii)

include an
interrupted or intermittent ignition device;

(iii)

have jacket
losses not exceeding 0.75 percent of the input rating; and

(iv)

have power
venting or a flue damper.

(B)

Oil-fired units
shall have—

(i)

a minimum thermal
efficiency of 81 percent;

(ii)

jacket losses not
exceeding 0.75 percent of the input rating; and

(iii)

power venting or
a flue
damper.

.

130.

Service over
the counter, self-contained, medium temperature commercial
refrigerators

The term
service over the counter, self-contained, medium temperature commercial
refrigerator or (SOC–SC–M) means a medium temperature
commercial refrigerator—

(i)

with a
self-contained condensing unit and equipped with sliding or hinged doors in the
back intended for use by sales personnel, and with glass or other transparent
material in the front for displaying merchandise; and

(ii)

that has a height
not greater than 66 inches and is intended to serve as a counter for
transactions between sales personnel and customers.

(D)

The term
TDA means the total display area (ft²) of the refrigerated case,
as defined in AHRI Standard
1200.

;

(2)

by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(3)

by inserting after
paragraph (3) the following:

(4)

Each SOC–SC–M
manufactured on or after January 1, 2012, shall have a total daily energy
consumption (in kilowatt hours per day) of not more than 0.6 x TDA +
1.0.

.

131.

Motor market
assessment and commercial awareness program

(a)

Findings

Congress
finds that—

(1)

electric motor
systems account for about half of the electricity used in the United
States;

(2)

electric motor
energy use is determined by both the efficiency of the motor and the system in
which the motor operates;

(3)

Federal Government
research on motor end use and efficiency opportunities is more than a decade
old; and

(4)

the Census Bureau
has discontinued collection of data on motor and generator importation,
manufacture, shipment, and sales.

(b)

Definitions

In
this section:

(1)

Department

The
term Department means the Department of Energy.

(2)

Interested
parties

The term interested parties includes—

(A)

trade
associations;

(B)

motor
manufacturers;

(C)

motor end
users;

(D)

electric
utilities; and

(E)

individuals and
entities that conduct energy efficiency programs.

(3)

Secretary

The
term Secretary means the Secretary of Energy, in consultation with
interested parties.

(c)

Assessment

The
Secretary shall conduct an assessment of electric motors and the electric motor
market in the United States that shall—

(1)

include important
subsectors of the industrial and commercial electric motor market (as
determined by the Secretary), including—

(A)

the stock of
motors and motor-driven equipment;

(B)

efficiency
categories of the motor population; and

(C)

motor systems that
use drives, servos, and other control technologies;

(2)

characterize and
estimate the opportunities for improvement in the energy efficiency of motor
systems by market segment, including opportunities for—

(A)

expanded use of
drives, servos, and other control technologies;

(B)

expanded use of
process control, pumps, compressors, fans or blowers, and material handling
components; and

develop an updated
profile of motor system purchase and maintenance practices, including surveying
the number of companies that have motor purchase and repair specifications, by
company size, number of employees, and sales.

(d)

Recommendations;
update

Based on the assessment conducted under subsection (c),
the Secretary shall—

(1)

develop—

(A)

recommendations to
update the detailed motor profile on a periodic basis;

(B)

methods to
estimate the energy savings and market penetration that is attributable to the
Save Energy Now Program of the Department; and

(C)

recommendations
for the Director of the Census Bureau on market surveys that should be
undertaken in support of the motor system activities of the Department;
and

(2)

prepare an update
to the Motor Master+ program of the Department.

(e)

Program

Based
on the assessment, recommendations, and update required under subsections (c)
and (d), the Secretary shall establish a proactive, national program targeted
at motor end-users and delivered in cooperation with interested parties to
increase awareness of—

(1)

the energy and
cost-saving opportunities in commercial and industrial facilities using higher
efficiency electric motors;

(2)

improvements in
motor system procurement and management procedures in the selection of higher
efficiency electric motors and motor-system components, including drives,
controls, and driven equipment; and

(3)

criteria for
making decisions for new, replacement, or repair motor and motor system
components.

132.

Study of
compliance with energy standards for appliances

(a)

In
general

The Secretary of Energy shall conduct a study of the
degree of compliance with energy standards for appliances, including an
investigation of compliance rates and options for improving compliance,
including enforcement.

(b)

Report

Not
later than 18 months after the date of enactment of this Act, the Secretary of
Energy shall submit to the appropriate committees of Congress a report
describing the results of the study, including any recommendations.

133.

Study of direct
current electricity supply in certain buildings

(a)

In
general

The Secretary of Energy shall conduct a study—

(1)

of the costs and
benefits (including significant energy efficiency, power quality, and other
power grid, safety, and environmental benefits) of requiring high-quality,
direct current electricity supply in buildings; and

(2)

to determine, if
the requirement described in paragraph (1) is imposed, what the policy and role
of the Federal Government should be in realizing those benefits.

(b)

Report

Not
later than 1 year after the date of enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a report describing the
results of the study, including any recommendations.

134.

Technical
corrections

(a)

Title III of
Energy Independence and Security Act of 2007—Energy savings through improved
standards for appliances and lighting

In
determining whether a standard is economically justified for the purposes of
subparagraph (A)(ii)(II), the Secretary shall, after receiving views and
comments furnished with respect to the proposed standard, determine whether the
benefits of the standard exceed the burden of the proposed standard by, to the
maximum extent practicable, considering—

(I)

the economic
impact of the standard on the manufacturers and on the consumers of the
products subject to the standard;

(II)

the savings in
operating costs throughout the estimated average life of the product in the
type (or class) compared to any increase in the price of, or in the initial
charges for, or maintenance expenses of, the products that are likely to result
from the imposition of the standard;

(III)

the total
projected quantity of energy savings likely to result directly from the
imposition of the standard;

(IV)

any lessening of
the utility or the performance of the products likely to result from the
imposition of the standard;

(V)

the impact of any
lessening of competition, as determined in writing by the Attorney General,
that is likely to result from the imposition of the standard;

(VI)

the need for
national energy conservation; and

(VII)

other factors
the Secretary considers relevant.

(iii)

Administration

(I)

Energy use and
efficiency

The Secretary may not prescribe any amended standard
under this paragraph that increases the maximum allowable energy use, or
decreases the minimum required energy efficiency, of a covered product.

(II)

Unavailability

(aa)

In
general

The Secretary may not prescribe an amended standard under
this subparagraph if the Secretary finds (and publishes the finding) that
interested persons have established by a preponderance of the evidence that a
standard is likely to result in the unavailability in the United States in any
product type (or class) of performance characteristics (including reliability,
features, sizes, capacities, and volumes) that are substantially the same as
those generally available in the United States at the time of the finding of
the Secretary.

(bb)

Other types or
classes

The failure of some types (or classes) to meet the
criterion established under this subclause shall not affect the determination
of the Secretary on whether to prescribe a standard for the other types or
classes.

;
and

(B)

in subparagraph
(C)(iv), by striking An amendment prescribed under this
subsection and inserting Notwithstanding subparagraph (D), an
amendment prescribed under this subparagraph.

(4)

Section 342(a)(6)(B)(iii) of the Energy
Policy and Conservation Act (as added by section 306(c) of the Energy
Independence and Security Act of 2007 (121 Stat. 1559)) is transferred and
redesignated as clause (vi) of section 342(a)(6)(C) of the Energy Policy and
Conservation Act (as amended by section 305(b)(2) of the Energy Independence
and Security Act of 2007 (121 Stat. 1554)).

by striking
subparagraphs (B) through (G) each place it appears and
inserting subparagraphs (B), (C), (D), (I), (J), and (K);

(B)

by striking
part A each place it appears and inserting part
B; and

(C)

in subsection
(a)—

(i)

in paragraph (8),
by striking and at the end;

(ii)

in paragraph (9),
by striking the period at the end and inserting ; and;
and

(iii)

by adding at the
end the following:

(10)

section 327 shall
apply with respect to the equipment described in section 340(1)(L) beginning on
the date on which a final rule establishing an energy conservation standard is
issued by the Secretary, except that any State or local standard prescribed or
enacted for the equipment before the date on which the final rule is issued
shall not be preempted until the energy conservation standard established by
the Secretary for the equipment takes
effect.

A motor that is a
general purpose T-frame, single-speed, foot-mounting, polyphase squirrel-cage
induction motor of the National Electrical Manufacturers Association, Design A
and B, continuous rated, operating on 230/460 volts and constant 60 Hertz line
power as defined in NEMA Standards Publication MG1–1987.

(ii)

A motor
incorporating the design elements described in clause (i), but is configured to
incorporate 1 or more of the following variations:

Except for definite purpose motors, special purpose
motors, and those motors exempted by the Secretary under paragraph (3) and
except as provided for in subparagraphs (B), (C), and (D), each electric motor
manufactured with power ratings from 1 to 200 horsepower (alone or as a
component of another piece of equipment) on or after December 19, 2010, shall
have a nominal full load efficiency of not less than the nominal full load
efficiency described in NEMA MG–1 (2006) Table 12–12.

(B)

Fire pump
electric motors

Except for those motors exempted by the Secretary
under paragraph (3), each fire pump electric motor manufactured with power
ratings from 1 to 200 horsepower (alone or as a component of another piece of
equipment) on or after December 19, 2010, shall have a nominal full load
efficiency that is not less than the nominal full load efficiency described in
NEMA MG–1 (2006) Table 12–11.

(C)

NEMA Design B
electric motors

Except for those motors exempted by the Secretary
under paragraph (3), each NEMA Design B electric motor with power ratings of
more than 200 horsepower, but not greater than 500 horsepower, manufactured
(alone or as a component of another piece of equipment) on or after December
19, 2010, shall have a nominal full load efficiency of not less than the
nominal full load efficiency described in NEMA MG–1 (2006) Table 12–11.

(D)

Motors
incorporating certain design elements

Except for those motors
exempted by the Secretary under paragraph (3), each electric motor described in
section 340(13)(A)(ii) manufactured with power ratings from 1 to 200 horsepower
(alone or as a component of another piece of equipment) on or after December
19, 2010, shall have a nominal full load efficiency of not less than the
nominal full load efficiency described in NEMA MG–1 (2006) Table
12–11.

;
and

(iv)

in paragraph (3)
(as redesignated by clause (ii)), by striking paragraph (1) each
place it appears in subparagraphs (A) and (D) and inserting paragraphs
(1) and (2).

(B)

Section 313 of the
Energy Independence and Security Act of 2007 (121 Stat. 1568) is
repealed.

(C)

The amendments
made by—

(i)

subparagraph (A)
take effect on December 19, 2010; and

(ii)

subparagraph (B)
take effect on December 19, 2007.

(8)

Section 321(30)(D)(i)(III) of the Energy
Policy and Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended by
section 321(a)(1)(A) of the Energy Independence and Security Act of 2007 (121
Stat. 1574)) is amended by inserting before the semicolon the following:
or, in the case of a modified spectrum lamp, not less than 232 lumens
and not more than 1,950 lumens.

by striking the
comma after household appliance and inserting
and; and

(ii)

by striking
and is sold at retail,; and

(B)

in clause (ii), by
inserting when sold at retail, before is
designated.

(10)

Section 325(i) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(i)) (as amended by sections 321(a)(3)(A) and
322(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1577,
1588)) is amended by striking the subsection designation and all that follows
through the end of paragraph (8) and inserting the following:

Each of the following general service fluorescent lamps,
general service incandescent lamps, intermediate base incandescent lamps,
candelabra base incandescent lamps, and incandescent reflector lamps
manufactured after the effective date specified in the tables listed in this
subparagraph shall meet or exceed the standards established in the following
tables:

FLUORESCENT LAMPS

Lamp Type

Nominal Lamp Wattage

Minimum CRI

Minimum
Average Lamp Efficacy (LPW)

Effective Date (Period of Months)

4-foot medium bi-pin

>35 W

69

75.0

36

≤35 W

45

75.0

36

2-foot U-shaped

>35 W

69

68.0

36

≤35 W

45

64.0

36

8-foot slimline

>65 W

69

80.0

18

≤65 W

45

80.0

18

8-foot high output

>100 W

69

80.0

18

≤100 W

45

80.0

18.

INCANDESCENT REFLECTOR LAMPS

Nominal Lamp
Wattage

Minimum Average Lamp
Efficacy (LPW)

Effective Date
(Period of Months)

40–50

10.5

36

51–66

11.0

36

67–85

12.5

36

86–115

14.0

36

116–155

14.5

36

156–205

15.0

36.

GENERAL SERVICE INCANDESCENT LAMPS

Rated Lumen
Ranges

Maximum Rated
Wattage

Minimum Rated
Lifetime

Effective
Date

1490–2600

72

1,000 hrs

1/1/2012

1050–1489

53

1,000 hrs

1/1/2013

750–1049

43

1,000 hrs

1/1/2014

310–749

29

1,000 hrs

1/1/2014.

MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS

Rated Lumen
Ranges

Maximum Rated
Wattage

Minimum Rated
Lifetime

Effective
Date

1118–1950

72

1,000 hrs

1/1/2012

788–1117

53

1,000 hrs

1/1/2013

563–787

43

1,000 hrs

1/1/2014

232–562

29

1,000 hrs

1/1/2014.

(B)

Application

(i)

Application
criteria

This subparagraph applies to each lamp that—

(I)

is intended for a
general service or general illumination application (whether incandescent or
not);

(II)

has a medium
screw base or any other screw base not defined in ANSI C81.61–2006;

(III)

is capable of
being operated at a voltage at least partially within the range of 110 to 130
volts; and

(IV)

is manufactured
or imported after December 31, 2011.

(ii)

Requirement

For
purposes of this paragraph, each lamp described in clause (i) shall have a
color rendering index that is greater than or equal to—

The standards specified in subparagraph (A) shall not
apply to the following types of incandescent reflector lamps:

(I)

Lamps rated at 50
watts or less that are ER30, BR30, BR40, or ER40 lamps.

(II)

Lamps rated at 65
watts that are BR30, BR40, or ER40 lamps.

(III)

R20 incandescent
reflector lamps rated 45 watts or less.

(ii)

Administrative
exemptions

(I)

Petition

Any
person may petition the Secretary for an exemption for a type of general
service lamp from the requirements of this subsection.

(II)

Criteria

The
Secretary may grant an exemption under subclause (I) only to the extent that
the Secretary finds, after a hearing and opportunity for public comment, that
it is not technically feasible to serve a specialized lighting application
(such as a military, medical, public safety, or certified historic lighting
application) using a lamp that meets the requirements of this
subsection.

(III)

Additional
criterion

To grant an exemption for a product under this clause,
the Secretary shall include, as an additional criterion, that the exempted
product is unlikely to be used in a general service lighting
application.

(E)

Extension of
coverage

(i)

Petition

Any
person may petition the Secretary to establish standards for lamp shapes or
bases that are excluded from the definition of general service lamps.

(ii)

Increased sales
of exempted lamps

The petition shall include evidence that the
availability or sales of exempted incandescent lamps have increased
significantly since the date on which the standards on general service
incandescent lamps were established.

(iii)

Criteria

The
Secretary shall grant a petition under clause (i) if the Secretary finds
that—

(I)

the petition
presents evidence that demonstrates that commercial availability or sales of
exempted incandescent lamp types have increased significantly since the
standards on general service lamps were established and likely are being widely
used in general lighting applications; and

(II)

significant
energy savings could be achieved by covering exempted products, as determined
by the Secretary based in part on sales data provided to the Secretary from
manufacturers and importers.

(iv)

No
presumption

The grant of a petition under this subparagraph shall
create no presumption with respect to the determination of the Secretary with
respect to any criteria under a rulemaking conducted under this section.

(v)

Expedited
proceeding

If the Secretary grants a petition for a lamp shape or
base under this subparagraph, the Secretary shall—

(I)

conduct a
rulemaking to determine standards for the exempted lamp shape or base;
and

(II)

complete the
rulemaking not later than 18 months after the date on which notice is provided
granting the petition.

(F)

Effective
dates

(i)

In
general

In this paragraph, except as otherwise provided in a
table contained in subparagraph (A) or in clause (ii), the term effective
date means the last day of the period of months specified in the table
after October 24, 1992.

(ii)

Special
effective dates

(I)

ER, br, and bpar
lamps

The standards specified in subparagraph (A) shall apply
with respect to ER incandescent reflector lamps, BR incandescent reflector
lamps, BPAR incandescent reflector lamps, and similar bulb shapes on and after
January 1, 2008, or the date that is 180 days after the date of enactment of
the Energy Independence and Security Act of 2007.

(II)

Lamps between
2.25–2.75 inches in diameter

The standards specified in
subparagraph (A) shall apply with respect to incandescent reflector lamps with
a diameter of more than 2.25 inches, but not more than 2.75 inches, on and
after the later of January 1, 2008, or the date that is 180 days after the date
of enactment of the Energy Independence and Security Act of 2007.

(2)

Compliance with
existing law

Notwithstanding section 332(a)(5) and section
332(b), it shall not be unlawful for a manufacturer to sell a lamp that is in
compliance with the law at the time the lamp was manufactured.

(3)

Rulemaking
before October 24, 1995

(A)

In
general

Not later than 36 months after October 24, 1992, the
Secretary shall initiate a rulemaking procedure and shall publish a final rule
not later than the end of the 54-month period beginning on October 24, 1992, to
determine whether the standards established under paragraph (1) should be
amended.

(B)

Administration

The
rule shall contain the amendment, if any, and provide that the amendment shall
apply to products manufactured on or after the 36-month period beginning on the
date on which the final rule is published.

(4)

Rulemaking
before October 24, 2000

(A)

In
general

Not later than 8 years after October 24, 1992, the
Secretary shall initiate a rulemaking procedure and shall publish a final rule
not later than 9 years and 6 months after October 24, 1992, to determine
whether the standards in effect for fluorescent lamps and incandescent lamps
should be amended.

(B)

Administration

The
rule shall contain the amendment, if any, and provide that the amendment shall
apply to products manufactured on or after the 36-month period beginning on the
date on which the final rule is published.

(5)

Rulemaking for
additional general service fluorescent lamps

(A)

In
general

Not later than the end of the 24-month period beginning
on the date labeling requirements under section 324(a)(2)(C) become effective,
the Secretary shall—

(i)

initiate a
rulemaking procedure to determine whether the standards in effect for
fluorescent lamps and incandescent lamps should be amended so that the
standards would be applicable to additional general service fluorescent lamps;
and

(ii)

publish, not
later than 18 months after initiating the rulemaking, a final rule including
the amended standards, if any.

(B)

Administration

The
rule shall provide that the amendment shall apply to products manufactured
after a date which is 36 months after the date on which the rule is
published.

(6)

Standards for
general service lamps

(A)

Rulemaking
before January 1, 2014

(i)

In
general

Not later than January 1, 2014, the Secretary shall
initiate a rulemaking procedure to determine whether—

(I)

standards in
effect for general service lamps should be amended; and

(II)

the exclusions
for certain incandescent lamps should be maintained or discontinued based, in
part, on excluded lamp sales collected by the Secretary from
manufacturers.

(ii)

Scope

The
rulemaking—

(I)

shall not be
limited to incandescent lamp technologies; and

(II)

shall include
consideration of a minimum standard of 45 lumens per watt for general service
lamps.

(iii)

Amended
standards

If the Secretary determines that the standards in
effect for general service lamps should be amended, the Secretary shall publish
a final rule not later than January 1, 2017, with an effective date that is not
earlier than 3 years after the date on which the final rule is
published.

(iv)

Phased-in
effective dates

The Secretary shall consider phased-in effective
dates under this subparagraph after considering—

(I)

the impact of any
amendment on manufacturers, retiring and repurposing existing equipment,
stranded investments, labor contracts, workers, and raw materials; and

(II)

the time needed
to work with retailers and lighting designers to revise sales and marketing
strategies.

(v)

Backstop
requirement

If the Secretary fails to complete a rulemaking in
accordance with clauses (i) through (iv) or if the final rule does not produce
savings that are greater than or equal to the savings from a minimum efficacy
standard of 45 lumens per watt, effective beginning January 1, 2020, the
Secretary shall prohibit the manufacture of any general service lamp that does
not meet a minimum efficacy standard of 45 lumens per watt.

(vi)

State
preemption

Neither section 327 nor any other provision of law
shall preclude California or Nevada from adopting, effective beginning on or
after January 1, 2018—

(I)

a final rule
adopted by the Secretary in accordance with clauses (i) through (iv);

(II)

if a final rule
described in subclause (I) has not been adopted, the backstop requirement under
clause (v); or

(III)

in the case of
California, if a final rule described in subclause (I) has not been adopted,
any California regulations relating to these covered products adopted pursuant
to State statute in effect on the date of enactment of the Energy Independence
and Security Act of 2007.

(B)

Rulemaking
before January 1, 2020

(i)

In
general

Not later than January 1, 2020, the Secretary shall
initiate a rulemaking procedure to determine whether—

(I)

standards in
effect for general service lamps should be amended; and

(II)

the exclusions
for certain incandescent lamps should be maintained or discontinued based, in
part, on excluded lamp sales data collected by the Secretary from
manufacturers.

(ii)

Scope

The
rulemaking shall not be limited to incandescent lamp technologies.

(iii)

Amended
standards

If the Secretary determines that the standards in
effect for general service lamps should be amended, the Secretary shall publish
a final rule not later than January 1, 2022, with an effective date that is not
earlier than 3 years after the date on which the final rule is
published.

(iv)

Phased-in
effective dates

The Secretary shall consider phased-in effective
dates under this subparagraph after considering—

(I)

the impact of any
amendment on manufacturers, retiring and repurposing existing equipment,
stranded investments, labor contracts, workers, and raw materials; and

(II)

the time needed
to work with retailers and lighting designers to revise sales and marketing
strategies.

(7)

Federal
actions

(A)

Comments of
Secretary

(i)

In
general

With respect to any lamp to which standards are
applicable under this subsection or any lamp specified in section 346, the
Secretary shall inform any Federal entity proposing actions that would
adversely impact the energy consumption or energy efficiency of the lamp of the
energy conservation consequences of the action.

(ii)

Consideration

The
Federal entity shall carefully consider the comments of the Secretary.

(B)

Amendment of
standards

Notwithstanding section 325(n)(1), the Secretary shall
not be prohibited from amending any standard, by rule, to permit increased
energy use or to decrease the minimum required energy efficiency of any lamp to
which standards are applicable under this subsection if the action is warranted
as a result of other Federal action (including restrictions on materials or
processes) that would have the effect of either increasing the energy use or
decreasing the energy efficiency of the product.

(8)

Compliance

(A)

In
general

Not later than the date on which standards established
pursuant to this subsection become effective, or, with respect to
high-intensity discharge lamps covered under section 346, the effective date of
standards established pursuant to that section, each manufacturer of a product
to which the standards are applicable shall file with the Secretary a
laboratory report certifying compliance with the applicable standard for each
lamp type.

(B)

Contents

The
report shall include the lumen output and wattage consumption for each lamp
type as an average of measurements taken over the preceding 12-month
period.

(C)

Other lamp
types

With respect to lamp types that are not manufactured during
the 12-month period preceding the date on which the standards become effective,
the report shall—

(i)

be filed with the
Secretary not later than the date that is 12 months after the date on which
manufacturing is commenced; and

(ii)

include the lumen
output and wattage consumption for each such lamp type as an average of
measurements taken during the 12-month
period.

Section
321(30)(C)(ii) of the Energy Policy and Conservation Act (42 U.S.C.
6291(30)(C)(ii)) (as amended by section 322(a)(1)(B) of the Energy Independence
and Security Act of 2007 (121 Stat. 1587)) is amended by inserting a period
after 40 watts or higher.

(14)

Section 322(b) of
the Energy Independence and Security Act of 2007 (121 Stat. 1588) is amended by
striking 6995(i) and inserting 6295(i).

in paragraph (10),
by striking the period at the end and inserting a semicolon;

(D)

by adding at the
end the following:

(11)

is a regulation
for general service lamps that conforms with Federal standards and effective
dates; or

(12)

is an energy
efficiency standard for general service lamps enacted into law by the State of
Nevada prior to December 19, 2007, if the State has not adopted the Federal
standards and effective dates pursuant to subsection
(b)(1)(B)(ii).

.

(16)

Section 325(b) of
the Energy Independence and Security Act of 2007 (121 Stat. 1596) is amended by
striking 6924(c) and inserting 6294(c).

(17)

This subsection and the amendments made by
this subsection take effect as if included in the Energy Independence and
Security Act of 2007 (Public Law 110–140; 121 Stat. 1492).

(b)

Energy Policy
Act of 2005

(1)

Section
325(g)(8)(C)(ii) of the Energy Policy and Conservation Act (42 U.S.C.
6295(g)(8)(C)(ii)) (as added by section 135(c)(2)(B) of the Energy Policy Act
of 2005) is amended by striking 20°F and inserting
−20°F.

(2)

This subsection and the amendment made by
this subsection take effect as if included in the Energy Policy Act of 2005
(Public Law 109–58; 119 Stat. 594).

in clause (xii),
by striking the period at the end and inserting ; and;
and

(C)

by adding at the
end the following:

(xiii)

other
motors.

.

(2)

Section 343(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6314(a)) is amended by striking
Air-Conditioning and Refrigeration Institute each place it
appears in paragraphs (4)(A) and (7) and inserting Air-Conditioning,
Heating, and Refrigeration Institute.

C

Worker training
and capacity building

141.

Building
training and assessment centers

(a)

In
general

The Secretary of
Energy shall provide grants to institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and Tribal
Colleges or Universities (as defined in section 316(b) of that Act (20 U.S.C.
1059c(b)) to establish building training and assessment centers—

(1)

to identify
opportunities for optimizing energy efficiency and environmental performance in
buildings;

(2)

to promote the
application of emerging concepts and technologies in commercial and
institutional buildings;

(3)

to train
engineers, architects, building scientists, building energy permitting and
enforcement officials, and building technicians in energy-efficient design and
operation;

(4)

to assist
institutions of higher education and Tribal Colleges or Universities in
training building technicians;

(5)

to promote
research and development for the use of alternative energy sources to supply
heat and power for buildings, particularly energy-intensive buildings;
and

(6)

to coordinate with
and assist State-accredited technical training centers, community colleges,
Tribal Colleges or Universities, and local offices of the National Institute of
Food and Agriculture and ensure appropriate services are provided under this
section to each region of the United States.

(b)

Coordination and
nonduplication

(1)

In
general

The Secretary shall coordinate the program with the
Industrial Assessment Centers program and with other Federal programs to avoid
duplication of effort.

(2)

Collocation

To
the maximum extent practicable, building, training, and assessment centers
established under this section shall be collocated with Industrial Assessment
Centers.

(c)

Authorization of
appropriations

There are authorized to be appropriated such sums
as are necessary to carry out this section.

II

Building
efficiency finance

201.

Rural energy
savings program

Title VI of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 note et seq.)
is amended by adding the following:

6407.

Rural energy
savings program

(a)

Purpose

The
purpose of this section is to create and save jobs by providing loans to
qualified consumers that will use the loan proceeds to implement energy
efficiency measures to achieve significant reductions in energy costs, energy
consumption, or carbon emissions.

(b)

Definitions

In
this section:

(1)

Eligible
entity

The term eligible entity means—

(A)

any public power
district, public utility district, or similar entity, or any electric
cooperative described in sections 501(c)(12) or 1381(a)(2)(C) of the Internal
Revenue Code of 1986, that borrowed and repaid, prepaid, or is paying an
electric loan made or guaranteed by the Rural Utilities Service (or any
predecessor agency); or

(B)

any entity
primarily owned or controlled by an entity or entities described in
subparagraph (A).

(2)

Energy
efficiency measures

The term energy efficiency
measures means, for or at property served by an eligible entity,
structural improvements and investments in cost-effective, commercial
technologies to increase energy efficiency.

(3)

Qualified
consumer

The term qualified consumer means a
consumer served by an eligible entity that has the ability to repay a loan made
under subsection (d), as determined by an eligible entity.

(4)

Secretary

The
term Secretary means the Secretary of Agriculture, acting through
the Rural Utilities Service.

(c)

Loans to
eligible entities

(1)

Loans
authorized

Subject to paragraph (2), the Secretary shall make
loans to eligible entities that agree to use the loan funds to make loans to
qualified consumers as described in subsection (d) for the purpose of
implementing energy efficiency measures.

(2)

List, plan, and
measurement and verification required

(A)

In
general

As a condition to receiving a loan or grant under this
subsection, an eligible entity shall—

(i)

establish a list
of energy efficiency measures that is expected to decrease energy use or costs
of qualified consumers;

(ii)

prepare an
implementation plan for use of the loan funds; and

(iii)

provide for
appropriate measurement and verification to ensure the effectiveness of the
energy efficiency loans made by the eligible entity and that there is no
conflict of interest in the carrying out of this section.

(B)

Revision of list
of energy efficiency measures

An eligible entity may update the
list required under subparagraph (A)(i) to account for newly available
efficiency technologies, subject to the approval of the Secretary.

(C)

Existing energy
efficiency programs

An eligible entity that, on or before the
date of the enactment of this section or within 60 days after such date, has
already established an energy efficiency program for qualified consumers may
use an existing list of energy efficiency measures, implementation plan, or
measurement and verification system of that program to satisfy the requirements
of subparagraph (A) if the Secretary determines the list, plans, or systems are
consistent with the purposes of this section.

(3)

No
interest

A loan under this subsection shall bear no
interest.

(4)

Repayment

In
the case of a loan made under paragraph (1)—

(A)

the term shall not
exceed 20 years from the date the loan is closed; and

(B)

except as provided
in paragraph (6), the repayment of each advance shall be amortized for a period
of not to exceed 10 years.

(5)

Amount of
advances

Any advance of loan funds to an eligible entity in any
single year shall not exceed 50 percent of the approved loan amount.

(6)

Special advance
for start-up activities

(A)

In
general

In order to assist an eligible entity in defraying
appropriate start-up costs of establishing new programs or modifying existing
programs to carry out subsection (d) (as determined by the Secretary), the
Secretary shall allow an eligible entity to request a special advance.

(B)

Amount of
special advance

No eligible entity may receive a special advance
under this paragraph for an amount that is greater than 4 percent of the loan
amount received by the eligible entity under paragraph (1).

(C)

Repayment

Repayment
of the special advance—

(i)

shall be required
not later than the end of the 10-year period beginning on the date the special
advance is made; and

(ii)

at the option of
the eligible entity, may be deferred to the end of the 10-year period.

(7)

Limitation on
advances

An advance on a loan described in paragraph (1) shall be
made during the initial 10 years of the term of the loan.

(d)

Loans to
qualified consumers

(1)

Terms of
loans

Loans made by an eligible entity to qualified consumers
using loan funds provided by the Secretary under subsection (c)—

(A)

may bear interest,
not to exceed three percent, to be used for purposes that include establishing
a loan loss reserve and to offset personnel and program costs of eligible
entities to provide the loans;

(B)

shall finance
energy efficiency measures for the purpose of decreasing energy usage or costs
of the qualified consumer by an amount such that a loan term of not more than
ten years will not pose an undue financial burden on the qualified consumer, as
determined by the eligible entity;

(C)

shall not be used
to fund energy efficiency measures made to personal property unless the
personal property—

(i)

is or becomes
attached to real property as a fixture; or

(ii)

is a manufactured
home;

(D)

shall be repaid
through charges added to the electric bill for the property at which energy
efficiency measures are or will be implemented, except that this subparagraph
shall not prohibit—

(i)

the voluntary
prepayment of a loan by the owner of the property; or

(ii)

the use of any
additional repayment mechanisms that are—

(I)

demonstrated to
have appropriate risk mitigation features, as determined by the eligible
entity; or

(II)

required if the
qualified consumer is no longer a customer of the eligible entity; and

(E)

shall require an
energy audit by an eligible entity to determine the impact of proposed energy
efficiency measures on the energy costs and consumption of the qualified
consumer.

(2)

Contractors

In
addition to any other qualified general contractor, eligible entities may serve
as general contractors.

(e)

Contract for
measurement and verification, training, and technical assistance

(1)

In
general

Not later than 90 days after the date of enactment of
this section, the Secretary—

(A)

shall establish a
plan for measurement and verification, training, and technical assistance for
the program; and

(B)

may enter into 1
or more contracts with a qualified entity for the purposes of—

(i)

providing
measurement and verification activities; and

(ii)

developing a
program to provide technical assistance and training to the employees of
eligible entities to carry out this section.

(2)

Use of
subcontractors authorized

A qualified entity that enters into a
contract under paragraph (1) may use subcontractors to assist the qualified
entity in performing the contract.

(f)

Fast start
demonstration projects

(1)

Demonstration
projects required

The Secretary shall enter into agreements with
eligible entities (or groups of eligible entities) that have energy efficiency
programs described in subsection (c)(2)(C) to establish an energy efficiency
loan demonstration projects consistent with the purposes of this
section.

(2)

Evaluation
criteria

In determining which eligible entities to make loans
under this section, the Secretary shall give a preference to entities
that—

use measurement
and verification processes to determine the effectiveness of energy efficiency
loans made by eligible entities;

(C)

include training
for employees of eligible entities, including any contractors of such entities,
to implement or oversee the activities described in subparagraphs (A) and
(B);

(D)

provide for the
participation of a majority of eligible entities in a State;

(E)

reduce the need
for generating capacity;

(F)

provide efficiency
loans to—

(i)

not fewer than
20,000 consumers, in the case of a single eligible entity; or

(ii)

not fewer than
80,000 consumers, in the case of a group of eligible entities; and

(G)

serve areas where
a large percentage of consumers reside—

(i)

in manufactured
homes; or

(ii)

in housing units
that are more than 50 years old.

(3)

Deadline for
implementation

The agreements required by paragraph (1) shall be
entered into not later than 90 days after the date of enactment of this
section.

(4)

Effect on
availability of loans nationally

Nothing in this subsection shall
delay the availability of loans to eligible entities on a national basis
beginning not later than 180 days after the date of enactment of this
section.

(5)

Additional
demonstration project authority

(A)

In
general

The Secretary may conduct demonstration projects in
addition to the project required by paragraph (1).

(B)

Inapplicability
of certain criteria

The additional demonstration projects may be
carried out without regard to subparagraphs (D), (F), or (G) of paragraph
(2).

(g)

Additional
authority

The authority provided in this section is in addition
to any authority of the Secretary to offer loans or grants under any other
law.

(h)

Authorization of
appropriations

(1)

In
general

There is authorized to be appropriated to the Secretary
to carry out this section $405,000,000 for fiscal year 2012, to remain
available until expended.

(2)

Amounts for
loans, grants, staffing

Of the amounts appropriated pursuant to
the authorization of appropriations in paragraph (1), the Secretary shall make
available—

(A)

$400,000,000 for
the purpose of covering the cost of loans to eligible entities under subsection
(c) to subsidize gross obligations in the principal amount of not to exceed
$2,000,000,000; and

(B)

$5,000,000 for
measurement and verification activities under subsection (e)(1)(A).

(i)

Effective
period

Subject to subsection (h)(1) and except as otherwise
provided in this section, the loans, grants, and other expenditures required to
be made under this section are authorized to be made during each of fiscal
years 2012 through 2016.

(j)

Regulations

(1)

In
general

Except as otherwise provided in this subsection, not
later than 180 days after the date of enactment of this section, the Secretary
shall promulgate such regulations as are necessary to implement this
section.

(2)

Procedure

The
promulgation of the regulations and administration of this section shall be
made without regard to—

(A)

chapter 35 of
title 44, United States Code (commonly known as the Paperwork Reduction
Act); and

(B)

the Statement of
Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and public participation in
rulemaking.

(3)

Congressional
review of agency rulemaking

In carrying out this section, the
Secretary shall use the authority provided under section 808 of title 5, United
States Code.

(4)

Interim
regulations

Notwithstanding paragraphs (1) and (2), to the extent
regulations are necessary to carry out any provision of this section, the
Secretary shall implement such regulations through the promulgation of an
interim
rule.

.

202.

Loan program for
energy efficiency upgrades to existing buildings

Title XVII of the Energy Policy Act of 2005
(42 U.S.C. 16511 et seq.) is amended by adding at the end the following:

1706.

Building
retrofit financing program

(a)

Definitions

In
this section:

(1)

Credit
support

The term credit support means a guarantee or
commitment to issue a guarantee or other forms of credit enhancement to
ameliorate risks for efficiency obligations.

(2)

Efficiency
obligation

The term efficiency obligation means a
debt or repayment obligation incurred in connection with financing a project,
or a portfolio of such debt or payment obligations.

(3)

Project

The
term project means the installation of efficiency or renewable
energy measures (including metering) in a building (or in multiple buildings on
a given property) that are expected to increase the energy efficiency of the
building (including fixtures) in accordance with criteria established by the
Secretary.

(b)

Eligible
projects

(1)

In
general

Notwithstanding sections 1703 and 1705, the Secretary may
provide credit support under this section, in accordance with section
1702.

(2)

Inclusions

Buildings
eligible for credit support under this section include commercial, industrial,
municipal, university, school, and hospital facilities that satisfy criteria
established by the Secretary.

(c)

Guidelines

(1)

In
general

Not later than 180 days after the date of enactment of
this section, the Secretary shall establish guidelines for credit support
provided under this section.

(2)

Requirements

The
guidelines established by the Secretary under this subsection shall
include—

(A)

standards for
assessing the energy savings that could reasonably be expected to result from a
project;

(B)

examples of
financing mechanisms (and portfolios of such financing mechanisms) that qualify
as efficiency obligations;

(C)

the threshold
levels of energy savings that a project, at the time of issuance of credit
support, shall be reasonably expected to achieve to be eligible for credit
support;

(D)

the eligibility
criteria the Secretary determines to be necessary for making credit support
available under this section; and

(E)

any lien priority
requirements that the Secretary determines to be necessary.

(3)

Efficiency
obligations

The financing mechanisms qualified by the Secretary
under paragraph (2)(B) may include—

(A)

loans, including
loans made by the Federal Financing Bank;

(B)

power purchase
agreements, including energy efficiency power purchase agreements;

any other
efficiency obligations the Secretary determines to be appropriate.

(4)

Priorities

In
carrying out this section, the Secretary shall prioritize—

(A)

the maximization
of energy savings with the available credit support funding;

(B)

the establishment
of a clear application and approval process that allows private building
owners, lenders, and investors to reasonably expect to receive credit support
for projects that conform to guidelines; and

(C)

the distribution
of projects receiving credit support under this section across States or
geographical regions of the United States.

(5)

Minimum energy
savings requirement

(A)

In
general

In carrying out this section, the Secretary shall
establish an initial minimum energy savings requirement for eligible projects
that, to the maximum extent practicable, results in the greatest amount of
energy savings on a per project basis.

(B)

Adjustments

(i)

In
general

Not less than once each year, the Secretary shall adjust
the minimum energy savings requirement described in subparagraph (A) and any
other credit support terms the Secretary determines to be necessary, including
the maximum percentage of the efficiency obligation that may be guaranteed,
taking into account market conditions and the available funding.

(ii)

Advanced
notice

If the Secretary adjusts the energy savings requirement,
the Secretary shall provide at least 90 days advanced public notice.

(d)

Limitation

Notwithstanding section 1702(c), the
Secretary shall not issue credit support under this section in an amount that
exceeds—

(1)

90 percent of the
principal amount of the efficiency obligation that is the subject of the credit
support; or

(2)

$10,000,000 for
any single project.

(e)

Aggregation of
projects

To the extent provided in the guidelines developed in
accordance with subsection (c), the Secretary may issue credit support on a
portfolio, or pool of projects, that are not required to be geographically
contiguous, if each efficiency obligation in the pool fulfills the requirements
described in this section.

(f)

Application

(1)

In
general

To be eligible to receive credit support under this
section, the applicant shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
determines to be necessary.

(2)

Contents

An
application submitted under this section shall include assurances by the
applicant that—

(A)

each contractor
carrying out the project meets minimum experience level criteria, including
local retrofit experience, as determined by the Secretary;

(B)

the project is
reasonably expected to achieve energy savings, as set forth in the application
using any methodology that meets the standards described in the program
guidelines;

(C)

the project meets
any technical criteria described in the program guidelines;

(D)

the recipient of
the credit support and the parties to the efficiency obligation will provide
the Secretary with—

(i)

any information
the Secretary requests to assess the energy savings that result from the
project, including historical energy usage data and detailed descriptions of
the building work, as described in the program guidelines; and

(ii)

permission to
access information relating to building operations and usage for the period
described in the program guidelines; and

(E)

any other
assurances that the Secretary determines to be necessary.

(3)

Determination

Not
later than 90 days after receiving an application, the Secretary shall make a
final determination on the application, which may include requests for
additional information.

(g)

Fees

(1)

In
general

In addition to the fees required by section 1702(h)(1),
the Secretary may charge reasonable fees for credit support provided under this
section.

(2)

Availability

Fees
collected under this section shall be subject to section 1702(h)(2).

(h)

Underwriting

The
Secretary may delegate the underwriting activities under this section to 1 or
more entities that the Secretary determines to be qualified.

(i)

Report

Not
later than 1 year after commencement of the program, the Secretary shall submit
to the appropriate committees of Congress a report that describes in reasonable
detail—

(1)

the manner in
which this section is being carried out;

(2)

the number and
type of projects supported;

(3)

the types of
funding mechanisms used to provide credit support to projects;

(4)

the energy savings
expected to result from projects supported by this section;

(5)

any tracking
efforts the Secretary is using to calculate the actual energy savings produced
by the projects; and

(6)

any plans to
improve the tracking efforts described in paragraph (5).

(j)

Funding

(1)

Authorization of
appropriations

There is authorized to be appropriated to the
Secretary to carry out this section $400,000,000 for the period of fiscal years
2012 through 2021, to remain available until expended.

(2)

Administrative
costs

Not more than 1 percent of any amounts made available to
the Secretary under paragraph (1) may be used by the Secretary for
administrative costs incurred in carrying out this
section.

in the section heading, by inserting
and
industry before the period at the end;

(2)

by redesignating
subsections (h) and (i) as subsections (i) and (j), respectively; and

(3)

by inserting after subsection (g) the
following:

(h)

State
partnership industrial energy efficiency revolving loan program

(1)

In
general

The Secretary shall carry out a program under which the
Secretary shall provide grants to eligible lenders to pay the Federal share of
creating a revolving loan program under which loans are provided to commercial
and industrial manufacturers to implement commercially available technologies
or processes that significantly—

(A)

reduce systems
energy intensity, including the use of energy-intensive feedstocks; and

(B)

improve the
industrial competitiveness of the United States.

(2)

Eligible
lenders

To be eligible to receive cost-matched Federal funds
under this subsection, a lender shall—

(A)

be a community and
economic development lender that the Secretary certifies meets the requirements
of this subsection;

(B)

lead a partnership
that includes participation by, at a minimum—

(i)

a State government
agency; and

(ii)

a private
financial institution or other provider of loan capital;

(C)

submit an
application to the Secretary, and receive the approval of the Secretary, for
cost-matched Federal funds to carry out a loan program described in paragraph
(1); and

(D)

ensure that
non-Federal funds are provided to match, on at least a dollar-for-dollar basis,
the amount of Federal funds that are provided to carry out a revolving loan
program described in paragraph (1).

(3)

Award

The
amount of cost-matched Federal funds provided to an eligible lender shall not
exceed $100,000,000 for any fiscal year.

(4)

Recapture of
awards

(A)

In
general

An eligible lender that receives an award under paragraph
(1) shall be required to repay to the Secretary an amount of cost-match Federal
funds, as determined by the Secretary under subparagraph (B), if the eligible
lender is unable or unwilling to operate a program described in this subsection
for a period of not less than 10 years beginning on the date on which the
eligible lender first receives funds made available through the award.

(B)

Determination by
Secretary

The Secretary shall determine the amount of cost-match
Federal funds that an eligible lender shall be required to repay to the
Secretary under subparagraph (A) based on the consideration by the Secretary
of—

(i)

the amount of
non-Federal funds matched by the eligible lender;

(ii)

the amount of
loan losses incurred by the revolving loan program described in paragraph (1);
and

(iii)

any other
appropriate factor, as determined by the Secretary.

(C)

Use of
recaptured cost-match Federal funds

The Secretary may distribute
to eligible lenders under this subsection each amount received by the Secretary
under this paragraph.

(5)

Eligible
projects

A program for which cost-matched Federal funds are
provided under this subsection shall be designed to accelerate the
implementation of industrial and commercial applications of technologies or
processes (including applications or technologies that use sensors, meters,
information networks, controls, and drives or that have been installed pursuant
to an energy savings performance contract) that—

(A)

improve energy
efficiency, power factor, or load management;

(B)

enhance the
industrial competitiveness of the United States; and

(C)

achieve such other
goals as the Secretary determines to be appropriate.

(6)

Evaluation

The
Secretary shall evaluate applications for cost-matched Federal funds under this
subsection on the basis of—

(A)

the description of
the program to be carried out with the cost-matched Federal funds;

(B)

the commitment to
provide non-Federal funds in accordance with paragraph (2)(D);

(C)

program
sustainability over a 10-year period;

(D)

the capability of
the applicant;

(E)

the quantity of
energy savings or energy feedstock minimization;

(F)

the advancement of
the goal under this Act of 25-percent energy avoidance;

(G)

the ability to
fund energy efficient projects not later than 120 days after the date of the
grant award; and

(H)

such other factors
as the Secretary determines appropriate.

(7)

Authorization of
appropriations

There is authorized to be appropriated to carry
out this subsection $700,000,000 for the period of fiscal years 2012 through
2021, to remain available until
expended.

.

302.

Coordination of
research and development of energy efficient technologies for industry

(a)

In
general

As part of the
research and development activities of the Industrial Technologies Program of
the Department of Energy, the Secretary shall establish, as appropriate,
collaborative research and development partnerships with other programs within
the Office of Energy Efficiency and Renewable Energy (including the Building
Technologies Program), the Office of Electricity Delivery and Energy
Reliability, and the Office of Science that—

(1)

leverage the research and development
expertise of those programs to promote early stage energy efficiency technology
development;

(2)

support the use of
innovative manufacturing processes and applied research for development,
demonstration, and commercialization of new technologies and processes to
improve efficiency, reduce emissions, reduce industrial waste, and improve
industrial cost-competitiveness; and

(3)

apply the knowledge and expertise of the
Industrial Technologies Program to help achieve the program goals of the other
programs.

(b)

Reports

Not
later than 2 years after the date of enactment of this Act and biennially
thereafter, the Secretary shall submit to Congress a report that describes
actions taken to carry out subsection (a) and the results of those
actions.

303.

Energy
efficient technologies assessment

(a)

In
general

Not later than 60 days after the date of enactment of
this Act, the Secretary shall commence an assessment of commercially available,
cost competitive energy efficiency technologies that are not widely implemented
within the United States for the energy-intensive industries of—

(1)

steel;

(2)

aluminum;

(3)

forest and paper
products;

(4)

food
processing;

(5)

metal
casting;

(6)

glass;

(7)

chemicals;

(8)

petroleum
refining;

(9)

cement;

(10)

information and
communication technologies; and

(11)

other industries
that (as determined by the Secretary)—

(A)

use large
quantities of energy;

(B)

emit large
quantities of greenhouse gases; or

(C)

use a rapidly
increasing quantity of energy.

(b)

Report

Not
later than 1 year after the date of enactment of this Act, the Secretary shall
publish a report, in collaboration with affected energy-intensive industries,
based on the assessment conducted under subsection (a), that contains—

(1)

a detailed
inventory describing the cost, energy, and greenhouse gas emission savings of
each technology described in subsection (a);

(2)

for each
technology, the total cost, energy, and greenhouse gas emissions savings if the
technology is implemented throughout the industry of the United States;

(3)

for each industry,
an assessment of total possible cost, energy, and greenhouse gas emissions
savings possible if state-of-the art, cost-competitive, commercial energy
efficiency technologies were adopted;

(4)

for each industry,
a comparison to the European Union, Japan, and other appropriate countries of
energy efficiency technology adoption rates, as determined by the Secretary,
including an examination of the policy structures in those countries that
promote investments in energy efficiency technologies;

(5)

recommendations on
how to create jobs in the United States through private sector collaboration of
energy service providers and energy-intensive industries; and

(6)

an assessment of
energy savings available from increased use of recycled material in
energy-intensive manufacturing processes.

304.

Future of
Industry program

(a)

In
general

Section 452 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17111) is amended by
striking the section heading and inserting the following:
Future of Industry
program.

(b)

Definition of
energy service provider

Section 452(a) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17111(a)) is amended—

(1)

by redesignating
paragraphs (3) through (5) as paragraphs (4) through (6), respectively;
and

(2)

by inserting after
paragraph (3):

(5)

Energy service
provider

The term energy service provider means any
private company or similar entity providing technology or services to improve
energy efficiency in an energy-intensive
industry.

.

(c)

Industry-Specific
road maps

Section 452(c)(2)
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(c)(2)) is
amended—

(1)

in subparagraph (E), by striking
and at the end;

(2)

by redesignating
subparagraph (F) as subparagraph (G); and

(3)

by inserting after
subparagraph (E) the following:

(F)

research to
establish (through the Industrial Technologies Program and in collaboration
with energy-intensive industries) a road map process under which—

(i)

industry-specific
studies are conducted to determine the intensity of energy use, greenhouse gas
emissions, and waste and operating costs, by process and subprocess;

(ii)

near-, mid-, and
long-term targets of opportunity are established for synergistic improvements
in efficiency, sustainability, and resilience; and

(iii)

public-private
actionable plans are created to achieve roadmap goals;
and

.

(d)

Industrial
research and assessment centers

(1)

In
general

Section 452(e) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17111(e)) is amended—

(A)

by redesignating
paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and
indenting appropriately;

(B)

by striking
The Secretary and inserting the following:

(1)

In
general

The
Secretary

;

(C)

in subparagraph
(A) (as redesignated by subparagraph (A)), by inserting before the semicolon at
the end the following: , including assessments of sustainable
manufacturing goals and the implementation of information technology
advancements for supply chain analysis, logistics, system monitoring,
industrial and manufacturing processes, and other purposes; and

(D)

by adding at the
end the following:

(2)

Centers of
Excellence

(A)

In
general

The Secretary shall establish a Center of Excellence at
up to 10 of the highest performing industrial research and assessment centers,
as determined by the Secretary.

(B)

Duties

A
Center of Excellence shall coordinate with and advise the industrial research
and assessment centers located in the region of the Center of
Excellence.

(C)

Funding

Subject
to the availability of appropriations, of the funds made available under
subsection (f), the Secretary shall use to support each Center of Excellence
not less than $500,000 for fiscal year 2012 and each fiscal year thereafter, as
determined by the Secretary.

(3)

Expansion of
centers

The Secretary shall provide funding to establish
additional industrial research and assessment centers at institutions of higher
education that do not have industrial research and assessment centers
established under paragraph (1), taking into account the size of, and potential
energy efficiency savings for, the manufacturing base within the region of the
proposed center.

(4)

Coordination

(A)

In
general

To increase the value and capabilities of the industrial
research and assessment centers, the centers shall—

(i)

coordinate with
Manufacturing Extension Partnership Centers of the National Institute of
Standards and Technology;

(ii)

coordinate with
the Building Technologies Program of the Department of Energy to provide
building assessment services to manufacturers;

(iii)

increase
partnerships with the National Laboratories of the Department of Energy to
leverage the expertise and technologies of the National Laboratories for
national industrial and manufacturing needs;

(iv)

increase
partnerships with energy service providers to leverage private sector expertise
and accelerate deployment of new and existing technologies and processes for
energy efficiency, power factor, and load management;

outreach
activities by the industrial research and assessment centers to inform small-
and medium-sized manufacturers of the information, technologies, and services
available; and

(B)

a full-time
equivalent employee at each center of excellence whose primary mission shall be
to coordinate and leverage the efforts of the center with—

(i)

Federal and State
efforts;

(ii)

the efforts of
utilities and energy service providers;

(iii)

the efforts of
regional energy efficiency organizations; and

(iv)

the efforts of
other centers in the region of the center of excellence.

(6)

Workforce
training

(A)

In
general

The Secretary shall pay the Federal share of associated
internship programs under which students work with or for industries,
manufacturers, and energy service providers to implement the recommendations of
industrial research and assessment centers.

(B)

Federal
share

The Federal share of the cost of carrying out internship
programs described in subparagraph (A) shall be 50 percent.

(C)

Funding

Subject
to the availability of appropriations, of the funds made available under
subsection (f), the Secretary shall use to carry out this paragraph not less
than $5,000,000 for fiscal year 2012 and each fiscal year thereafter.

(7)

Small business
loans

The Administrator of the Small Business Administration
shall, to the maximum practicable, expedite consideration of applications from
eligible small business concerns for loans under the Small Business Act (15
U.S.C. 631 et seq.) to implement recommendations of industrial research and
assessment centers established under paragraph
(1).

.

(e)

Authorization of
appropriations

Section 452(f)
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(f)) is
amended—

(1)

in paragraph
(1)—

(A)

in subparagraph
(C), by striking $196,000,000 and inserting
$216,000,000;

(B)

in subparagraph
(D), by striking $202,000,000 and inserting
$232,000,000; and

(C)

in subparagraph
(E), by striking $208,000,000 and inserting
$248,000,000; and

(2)

by adding at the
end the following:

(4)

Industrial
research and assessment centers

Of the amounts made available
under paragraph (1), the Secretary shall use to provide funding to industrial
research and assessment centers under subsection (e) not less than—

(A)

$20,000,000 for
fiscal year 2012;

(B)

$30,000,000 for
fiscal year 2013; and

(C)

$40,000,000 for
fiscal year 2014 and each fiscal year
thereafter.

.

305.

Sustainable
manufacturing initiative

(a)

In
general

Part E of title III
of the Energy Policy and Conservation Act (42 U.S.C. 6341) is amended by adding
at the end the following:

376.

Sustainable
manufacturing initiative

(a)

In
general

As part of the Industrial Technologies Program of the
Department of Energy, the Secretary shall carry out a sustainable manufacturing
initiative under which the Secretary, on the request of a manufacturer, shall
conduct onsite technical assessments to identify opportunities for—

(1)

maximizing the
energy efficiency of industrial processes and cross-cutting systems;

(2)

preventing
pollution and minimizing waste;

(3)

improving
efficient use of water in manufacturing processes;

(4)

conserving natural
resources; and

(5)

achieving such
other goals as the Secretary determines to be appropriate.

(b)

Coordination

The
Secretary shall carry out the initiative in coordination with the private
sector and appropriate agencies, including the National Institute of Standards
and Technology to accelerate adoption of new and existing technologies or
processes that improve energy efficiency.

(c)

Research and
development program for sustainable manufacturing and industrial technologies
and processes

As part of the Industrial Technologies Program of
the Department of Energy, the Secretary shall carry out a joint
industry-government partnership program to research, develop, and demonstrate
new sustainable manufacturing and industrial technologies and processes that
maximize the energy efficiency of industrial systems, reduce pollution, and
conserve natural resources.

(d)

Authorization of
appropriations

There are authorized to be appropriated such sums
as are necessary to carry out this
section.

.

(b)

Table of
contents

The table of contents of the Energy Policy and
Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the
items relating to part E of title III the following:

Sec. 376. Sustainable
manufacturing
initiative.

.

306.

Study of
advanced energy technology manufacturing capabilities in the United
States

(a)

In
general

Not later than 60 days after the date of enactment of
this Act, the Secretary shall enter into an arrangement with the National
Academy of Sciences under which the Academy shall conduct a study of the
development of advanced manufacturing capabilities for various energy
technologies, including—

(1)

an assessment of
the manufacturing supply chains of established and emerging industries;

(2)

an analysis
of—

(A)

the manner in
which supply chains have changed over the 25-year period ending on the date of
enactment of this Act;

(B)

current trends in
supply chains; and

(C)

the energy
intensity of each part of the supply chain and opportunities for
improvement;

(3)

for each
technology or manufacturing sector, an analysis of which sections of the supply
chain are critical for the United States to retain or develop to be competitive
in the manufacturing of the technology;

(4)

an assessment of
which emerging energy technologies the United States should focus on to create
or enhance manufacturing capabilities; and

(5)

recommendations on
leveraging the expertise of energy efficiency and renewable energy user
facilities so that best materials and manufacturing practices are designed and
implemented.

(b)

Report

Not
later than 2 years after the date on which the Secretary enters into the
agreement with the Academy described in subsection (a), the Academy shall
submit to the Committee on Energy and Natural Resources of the Senate, the
Committee on Energy and Commerce of the House of Representatives, and the
Secretary a report describing the results of the study required under this
section, including any findings and recommendations.

307.

Industrial
Technologies steering committee

The Secretary shall establish an advisory
steering committee that includes national trade associations representing
energy-intensive industries or energy service providers to provide
recommendations to the Secretary on planning and implementation of the
Industrial Technologies Program of the Department of Energy.

308.

Authorization of
appropriations

There are
authorized to be appropriated to the Secretary such sums as are necessary to
carry out this subtitle.

B

Supply
Star

311.

Supply Star

Part B of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6291) is amended by inserting after section 324B
(as added by section 118(a)) the following:

324C.

Supply Star Program

(a)

In general

There is established within the Department
of Energy a Supply Star program to identify and promote practices, recognize
companies, and, as appropriate, recognize products that use highly efficient
supply chains in a manner that conserves energy, water, and other
resources.

(b)

Coordination

In carrying out the program described in
subsection (a), the Secretary shall—

(1)

consult with other appropriate agencies;
and

(2)

coordinate efforts with the Energy Star
program established under section 324A.

(c)

Duties

In carrying out the Supply Star program
described in subsection (a), the Secretary shall—

(1)

promote practices, recognize companies,
and, as appropriate, recognize products that comply with the Supply Star
program as the preferred practices, companies, and products in the marketplace
for maximizing supply chain efficiency;

(2)

work to enhance industry and public
awareness of the Supply Star program;

work with domestic and international
organizations to harmonize approaches to analyzing supply chain efficiency,
including the development of a consistent set of tools, templates, calculators,
and databases; and

(7)

work with industry, including small
businesses, to improve supply chain efficiency through activities that
include—

(A)

developing and sharing best practices;
and

(B)

providing opportunities to benchmark supply
chain efficiency.

(d)

Evaluation

In any evaluation of supply chain
efficiency carried out by the Secretary with respect to a specific product, the
Secretary shall consider energy consumption and resource use throughout the
entire lifecycle of a product, including production, transport, packaging, use,
and disposal.

(e)

Grants and Incentives

(1)

In general

The Secretary may award grants or other
forms of incentives on a competitive basis to eligible entities, as determined
by the Secretary, for the purposes of—

(A)

studying supply chain energy resource
efficiency; and

(B)

demonstrating and achieving reductions in
the energy resource consumption of commercial products through changes and
improvements to the production supply and distribution chain of the
products.

(2)

Use of information

Any information or data generated as a
result of the grants or incentives described in paragraph (1) shall be used to
inform the development of the Supply Star Program.

(f)

Training

The Secretary shall use funds to support
professional training programs to develop and communicate methods, practices,
and tools for improving supply chain efficiency.

(g)

Effect of impact
on climate change

For purposes of this section, the impact on
climate change shall not be a factor in determining supply chain
efficiency.

(h)

Effect of
outsourcing of American jobs

For purposes of this section, the
outsourcing of American jobs in the production of a product shall not count as
a positive factor in determining supply chain efficiency.

(i)

Authorization of
Appropriations

There are
authorized to be appropriated to carry out this section such sums as are
necessary.

.

C

Electric motor
rebate program

321.

Energy saving
motor control rebate program

(a)

Establishment

Not
later than January 1, 2012, the Secretary of Energy (referred to in this
section as the Secretary) shall establish a program to provide
rebates for expenditures made by entities for the purchase and installation of
a new constant speed electric motor control that reduces motor energy use by
not less than 5 percent.

(b)

Requirements

(1)

Application

To
be eligible to receive a rebate under this section, an entity shall submit to
the Secretary an application in such form, at such time, and containing such
information as the Secretary may require, including—

(A)

demonstrated
evidence that the entity purchased a constant speed electric motor control that
reduces motor energy use by not less than 5 percent; and

(B)

the physical
nameplate of the installed motor of the entity to which the energy saving motor
control is attached.

(2)

Authorized
amount of rebate

The Secretary may provide to an entity that
meets the requirements of paragraph (1) a rebate the amount of which shall be
equal to the product obtained by multiplying—

(A)

the nameplate
horsepower of the electric motor to which the energy saving motor control is
attached; and

(B)

$25.

(c)

Authorization of
Appropriations

There is authorized to be appropriated to carry
out this section $5,000,000 for each of fiscal years 2012 through 2016, to
remain available until expended.

IV

Federal agency
energy efficiency

401.

Adoption of
personal computer power savings techniques by Federal agencies

(a)

In
general

Not later than 180
days after the date of enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of Defense, the Secretary of Veterans Affairs,
and the Administrator of General Services, shall issue guidance for Federal
agencies to employ advanced tools allowing energy savings through the use of
computer hardware, energy efficiency software, and power management
tools.

(b)

Reports on plans
and savings

Not later than 90
days after the date of the issuance of the guidance under subsection (a), each
Federal agency shall submit to the Secretary of Energy a report that
describes—

(1)

the plan of the agency for implementing the
guidance within the agency; and

(2)

estimated energy and financial savings from
employing the tools described in subsection (a).

402.

Availability of
funds for design updates

Section 3307 of title 40, United States
Code, is amended—

(1)

by redesignating
subsections (d) through (h) as subsections (e) through (i), respectively;
and

(2)

by inserting after
subsection (c) the following:

(d)

Availability of
funds for design updates

(1)

In
general

Subject to paragraph (2), for any project for which
congressional approval is received under subsection (a) and for which the
design has been substantially completed but construction has not begun, the
Administrator of General Services may use appropriated funds to update the
project design to meet applicable Federal building energy efficiency standards
established under section 305 of the Energy Conservation and Production Act (42
U.S.C. 6834) and other requirements established under section 3312.

(2)

Limitation

The
use of funds under paragraph (1) shall not exceed 125 percent of the estimated
energy or other cost savings associated with the updates as determined by a
life-cycle cost analysis under section 544 of the National Energy Conservation
Policy Act (42 U.S.C.
8254).

.

403.

Best practices
for advanced metering

Section
543(e) of the National Energy Conservation Policy Act (42 U.S.C. 8253(e)) is
amended by striking paragraph (3) and inserting the following:

(3)

Plan

(A)

In
general

Not later than 180 days after the date on which
guidelines are established under paragraph (2), in a report submitted by the
agency under section 548(a), each agency shall submit to the Secretary a plan
describing the manner in which the agency will implement the requirements of
paragraph (1), including—

(i)

how the agency
will designate personnel primarily responsible for achieving the requirements;
and

(ii)

a demonstration
by the agency, complete with documentation, of any finding that advanced meters
or advanced metering devices (as those terms are used in paragraph (1)), are
not practicable.

(B)

Updates

Reports
submitted under subparagraph (A) shall be updated annually.

(4)

Best practices
report

(A)

In
general

Not later than 180
days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of
2011, the Secretary of Energy, in consultation with the Secretary
of Defense and the Administrator of General Services, shall develop, and issue
a report on, best practices for the use of advanced metering of energy use in
Federal facilities, buildings, and equipment by Federal agencies.

(B)

Updating

The
report described under subparagraph (A) shall be updated annually.

(C)

Components

The
report shall include, at a minimum—

(i)

summaries and
analysis of the reports by agencies under paragraph (3);

in subsection (a),
in the matter preceding paragraph (1), by striking
electric;

(2)

by redesignating
subsection (d) as subsection (e); and

(3)

by inserting after
subsection (c) the following:

(d)

Separate
calculation

Renewable energy produced at a Federal facility, on
Federal land, or on Indian land (as defined in section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501))—

(1)

shall be
calculated separately from renewable energy used; and

(2)

may be used
individually or in combination to comply with subsection
(a).

.

407.

Study on
Federal data center consolidation

(a)

In
general

The Secretary of
Energy shall conduct a study on the feasibility of a government-wide data
center consolidation, with an overall Federal target of a minimum of 800
Federal data center closures by October 1, 2015.

(b)

Coordination

In
conducting the study, the Secretary shall coordinate with Federal data center
program managers, facilities managers, and sustainability officers.

(c)

Report

Not
later than 1 year after the date of enactment of this Act, the Secretary shall
submit to Congress a report that describes the results of the study, including
a description of agency best practices in data center consolidation.

V

Miscellaneous

501.

Budgetary
effects

The budgetary effects
of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act
of 2010, shall be determined by reference to the latest statement titled
Budgetary Effects of PAYGO Legislation for this Act, submitted
for printing in the Congressional Record by the Chairman of the Senate Budget
Committee, provided that such statement has been submitted prior to the vote on
passage.

502.

Advance
appropriations required

The
authorization of amounts under this Act and the amendments made by this Act
shall be effective for any fiscal year only to the extent and in the amount
provided in advance in appropriations Acts.

1.

Short title; table of
contents

(a)

Short
title

This Act may be cited
as the Energy Savings and Industrial
Competitiveness Act of 2011.

Section 304 of the Energy Conservation and Production Act
(42 U.S.C. 6833) is amended to read as follows:

304.

Updating State
building energy efficiency codes

(a)

Updating national model
building energy codes

(1)

In
general

The Secretary shall—

(A)

support the development
of national model building energy codes, including the updating of ASHRAE and
IECC model building energy codes and standards;

(B)

encourage and support the
adoption of building energy codes by States, Indian tribes, and, as
appropriate, by local governments that meet or exceed the national model
building energy codes, or achieve equivalent or greater energy savings;
and

(C)

support full compliance
with the State and local codes.

(2)

Targets

(A)

In
general

The Secretary shall support the updating of the national
model building energy codes for residential buildings and commercial buildings
to enable the achievement of energy savings targets established under
subparagraph (B).

(B)

Targets

(i)

In
general

The Secretary shall work with State, Indian tribes, local
governments, nationally recognized code and standards developers, and other
interested parties to support the updating of national model building energy
codes by establishing 1 or more aggregate energy savings targets to achieve the
purposes of this section.

(ii)

Separate
targets

The Secretary may establish separate targets for
commercial and residential buildings.

(iii)

Baselines

The
baseline for updating national model codes shall be the 2009 IECC for
residential buildings and ASHRAE Standard 90.1–2010 for commercial
buildings.

(iv)

Specific
years

(I)

In
general

Targets for specific years shall be established and
revised by the Secretary through rulemaking and coordinated with nationally
recognized code and standards developers at a level that—

(aa)

is at the maximum level
of energy efficiency that is technologically feasible and life-cycle cost
effective, while accounting for the economic considerations under subparagraph
(D);

(bb)

is higher than the
preceding target; and

(cc)

promotes the achievement
of commercial and residential high-performance buildings through high
performance energy efficiency (within the meaning of section 401 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17061)).

(II)

Initial
targets

Not later than 1 year after the date of enactment of this
clause, the Secretary shall establish initial targets under this
subparagraph.

(III)

Different target
years

Subject to subclause (I), prior to the applicable year, the
Secretary may set a different target year for any of model codes described in
clause (i) if the Secretary determines that a higher target cannot be
met.

(IV)

Small
business

When establishing targets under this subparagraph
through rulemaking, the Secretary shall ensure compliance with the Small
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note; Public
Law 104–121).

(C)

Appliance standards and
other factors affecting building energy use

In establishing
building code targets under subparagraph (B), the Secretary shall develop and
adjust the targets in recognition of potential savings and costs relating
to—

(i)

efficiency gains made in
appliances, lighting, windows, insulation, and building envelope
sealing;

(ii)

advancement of
distributed generation and on-site renewable power generation
technologies;

(iii)

equipment improvements
for heating, cooling, and ventilation systems;

(iv)

building management
systems and SmartGrid technologies to reduce energy use; and

(v)

other technologies,
practices, and building systems that the Secretary considers appropriate
regarding building plug load and other energy uses.

(D)

Economic
considerations

In establishing and revising building code targets
under subparagraph (B), the Secretary shall consider the economic feasibility
of achieving the proposed targets established under this section and the
potential costs and savings for consumers and building owners, including a
return on investment analysis.

(3)

Technical assistance to
model code-setting and standard development organizations

(A)

In
general

The Secretary shall, on a timely basis, provide technical
assistance to model code-setting and standard development organizations.

(B)

Assistance

The
assistance shall include, as requested by the organizations, technical
assistance in—

(i)

evaluating code or
standards proposals or revisions;

(ii)

building energy analysis
and design tools;

(iii)

building
demonstrations;

(iv)

developing definitions
of energy use intensity and building types for use in model codes and standards
or in evaluating the efficiency impacts of the codes and standards;

(v)

performance-based
standards;

(vi)

evaluating economic
considerations under paragraph (2)(D); and

(vii)

developing model codes
by Indian tribes in accordance with tribal law.

(C)

Amendment
proposals

The Secretary may submit timely code and standard
amendment proposals to the model code-setting and standard development
organizations, with supporting evidence, sufficient to enable the model
building energy codes and standards to meet the targets established under
paragraph (2)(B).

(D)

Analysis
methodology

The Secretary shall make publicly available the
entire calculation methodology (including input assumptions and data) used by
the Secretary to estimate the energy savings of code or standard proposals and
revisions.

(4)

Determination and
establishment

(A)

Revision of model
building codes and standards

If the provisions of the IECC or
ASHRAE Standard 90.1 regarding building energy use are revised, the Secretary
shall make a preliminary determination not later than 90 days after the date of
the revision, and a final determination not later than 1 year after the date of
the revision, on whether the revision will—

(i)

improve energy efficiency
in buildings compared to the existing national model building energy code;
and

(ii)

meet the applicable
targets under paragraph (2)(B).

(B)

Codes or standards not
meeting targets

(i)

In
general

If the Secretary makes a preliminary determination under
subparagraph (A)(ii) that a code or standard does not meet the targets
established under paragraph (2)(B), the Secretary may at the same time provide
the model code or standard developer with proposed changes that would result in
a model code that meets the targets and with supporting evidence, taking into
consideration—

available appliances,
technologies, materials, and construction practices; and

(III)

the economic
considerations under paragraph (2)(D).

(ii)

Incorporation of
changes

(I)

In
general

On receipt of the proposed changes, the model code or
standard developer shall have an additional 180 days to incorporate changes
into the model code or standard.

(II)

Final
determination

A final determination under subparagraph (A) shall
be on the modified model code or standard.

(C)

Positive
determinations

If the Secretary makes positive final
determinations under clauses (i) and (ii) of subparagraph (A) or under clause
(i) of subparagraph (A) if the applicable target has not been established, the
revised IECC or ASHRAE Standard 90.1 shall be established as the relevant
national model building energy code.

(D)

Establishment by
Secretary

(i)

In
general

If the Secretary makes a negative final determination
under subparagraph (A)(ii), the Secretary shall at the same time establish a
modified national model building energy code.

(ii)

Codes or standards not
updated

If the IECC or ASHRAE Standard 90.1 is not revised by a
target date under paragraph (2), the Secretary shall, not later than 90 days
after the target date, issue a draft of, and not later than 1 year after the
target date, establish, a modified national model building energy code.

(iii)

Requirements

Any
national model building energy code established under this subparagraph
shall—

(I)

meet the targets
established under paragraph (2);

(II)

achieve the maximum
level of energy savings that is technologically feasible and life-cycle
cost-effective, while accounting for the economic considerations under
paragraph (2)(D);

(III)

be based on the latest
edition of the IECC or ASHRAE Standard 90.1, including any subsequent
amendments, addenda, or additions, but may also consider other model codes or
standards; and

publish notice of
targets, determinations, and national model building energy codes under this
section in the Federal Register to provide an explanation of and the basis for
such actions, including any supporting modeling, data, assumptions, protocols,
and cost-benefit analysis, including return on investment; and

(B)

provide an opportunity
for public comment on targets, determinations, and national model building
energy codes under this section.

(b)

State and Indian tribe
certification of building energy code updates

(1)

Review and updating of
codes by each State and Indian tribe

(A)

In
general

Not later than 2 years after the date on which a national
model building energy code is established or revised under subsection (a), each
State and Indian tribe shall certify whether or not the State and Indian tribe,
respectively, has reviewed and updated the energy provisions of the building
code of the State and Indian tribe, respectively.

(B)

Demonstration

The
certification shall include a demonstration of whether or not the code
provisions that are in effect throughout the State and Indian tribe—

(i)

meet or exceed the
revised model code; or

(ii)

achieve equivalent or
greater energy savings.

(C)

No model code
update

If the Secretary fails to revise a national model building
energy code by the date specified in subsection (a)(4), each State and Indian
tribe shall, not later than 2 years after the specified date, certify whether
or not the State and Indian tribe, respectively, has reviewed and updated the
energy provisions of the building code of the State and Indian tribe,
respectively, to meet or exceed the target in subsection (a)(2).

(2)

Validation by
Secretary

Not later than 90 days after a State or Indian tribe
certification under paragraph (1), the Secretary shall—

(A)

determine whether the
code provisions of the State or Indian tribe, respectively, meet the criteria
specified in paragraph (1); and

(B)

if the determination is
positive, validate the certification.

(c)

Improvements in
compliance with building energy codes

(1)

Requirement

(A)

In
general

Not later than 3 years after the date of a certification
under subsection (b), each State and Indian tribe shall certify whether or not
the State and Indian tribe, respectively, has—

(i)

achieved full compliance
under paragraph (3) with the applicable certified State and Indian tribe
building energy code or with the associated national model building energy
code; or

(ii)

made significant
progress under paragraph (4) toward achieving compliance with the applicable
certified State and Indian tribe building energy code or with the associated
national model building energy code.

(B)

Repeat
certifications

If the State or Indian tribe certifies progress
toward achieving compliance, the State or Indian tribe shall repeat the
certification until the State or Indian tribe certifies that the State or
Indian tribe has achieved full compliance, respectively.

(2)

Measurement of
compliance

A certification under paragraph (1) shall include
documentation of the rate of compliance based on—

(A)

independent inspections
of a random sample of the buildings covered by the code in the preceding year;
or

(B)

an alternative method
that yields an accurate measure of compliance.

(3)

Achievement of
compliance

A State or Indian tribe shall be considered to achieve
full compliance under paragraph (1) if—

(A)

at least 90 percent of
building space covered by the code in the preceding year substantially meets
all the requirements of the applicable code specified in paragraph (1), or
achieves equivalent or greater energy savings level; or

(B)

the estimated excess
energy use of buildings that did not meet the applicable code specified in
paragraph (1) in the preceding year, compared to a baseline of comparable
buildings that meet this code, is not more than 5 percent of the estimated
energy use of all buildings covered by this code during the preceding
year.

(4)

Significant progress
toward achievement of compliance

A State or Indian tribe shall be
considered to have made significant progress toward achieving compliance for
purposes of paragraph (1) if the State or Indian tribe—

(A)

has developed and is
implementing a plan for achieving compliance during the 8-year-period beginning
on the date of enactment of this paragraph, including annual targets for
compliance and active training and enforcement programs; and

(B)

has met the most recent
target under subparagraph (A).

(5)

Validation by
Secretary

Not later than 90 days after a State or Indian tribe
certification under paragraph (1), the Secretary shall—

(A)

determine whether the
State or Indian tribe has demonstrated meeting the criteria of this subsection,
including accurate measurement of compliance; and

(B)

if the determination is
positive, validate the certification.

(d)

States or Indian tribes
that do not meet targets

(1)

Reporting

A
State or Indian tribe that has not made a certification required under
subsection (b) or (c) by the applicable deadline shall submit to the Secretary
a report on—

(A)

the status of the State
or Indian tribe with respect to meeting the requirements and submitting the
certification; and

(B)

a plan for meeting the
requirements and submitting the certification.

(2)

Federal
support

Any State or Indian tribe for which the Secretary has not
accepted a certification by a deadline under subsection (b) or (c) may be
ineligible for Federal support authorized under this section for code adoption
and compliance activities.

(3)

Local
government

In any State or Indian tribe for which the Secretary
has not accepted a certification under subsection (b) or (c), a local
government may be eligible for Federal support by meeting the certification
requirements of subsections (b) and (c).

(4)

Annual reports by
Secretary

(A)

In
general

The Secretary shall annually submit to Congress, and
publish in the Federal Register, a report on—

(i)

the status of national
model building energy codes;

(ii)

the status of code
adoption and compliance in the States and Indian tribes;

(iii)

implementation of this
section; and

(iv)

improvements in energy
savings over time as result of the targets established under subsection
(a)(2)(B).

(B)

Impacts

The
report shall include estimates of impacts of past action under this section,
and potential impacts of further action, on—

The Secretary shall provide technical
assistance to States and Indian tribes to implement the requirements of this
section, including procedures and technical analysis for States and Indian
tribes—

(1)

to demonstrate that the
code provisions of the States and Indian tribes achieve equivalent or greater
energy savings than the national model building energy codes;

(2)

to document the rate of
compliance with a building energy code; and

(3)

to improve and implement
State residential and commercial building energy codes or otherwise promote the
design and construction of energy efficient buildings.

(f)

Availability of
incentive funding

(1)

In
general

The Secretary shall provide incentive funding to States
and Indian tribes—

(A)

to implement the
requirements of this section;

(B)

to improve and implement
residential and commercial building energy codes, including increasing and
verifying compliance with the codes and training of State, tribal, and local
building code officials to implement and enforce the codes; and

(C)

to promote building
energy efficiency through the use of the codes.

(2)

Additional
funding

Additional funding shall be provided under this
subsection for implementation of a plan to achieve and document full compliance
with residential and commercial building energy codes under subsection
(c)—

(A)

to a State or Indian
tribe for which the Secretary has accepted a certification under subsection (b)
or (c); and

(B)

in a State or Indian
tribe that is not eligible under subparagraph (A), to a local government that
is in eligible under this section.

(3)

Training

Of
the amounts made available under this subsection, the State may use amounts
required, but not to exceed $750,000 for a State, to train State and local
building code officials to implement and enforce codes described in paragraph
(2).

(4)

Local
governments

States may share grants under this subsection with
local governments that implement and enforce the codes.

(g)

Stretch codes and
advanced standards

(1)

In
general

The Secretary shall provide technical and financial
support for the development of stretch codes and advanced standards for
residential and commercial buildings for use as—

(A)

an option for adoption as
a building energy code by local, tribal, or State governments; and

(B)

guidelines for
energy-efficient building design.

(2)

Targets

The
stretch codes and advanced standards shall be designed—

(A)

to achieve substantial
energy savings compared to the national model building energy codes; and

(B)

to meet targets under
subsection (a)(2), if available, at least 3 to 6 years in advance of the target
years.

(h)

Studies

The
Secretary, in consultation with building science experts from the National
Laboratories and institutions of higher education, designers and builders of
energy-efficient residential and commercial buildings, code officials, and
other stakeholders, shall undertake a study of the feasibility, impact,
economics, and merit of—

(1)

code improvements that
would require that buildings be designed, sited, and constructed in a manner
that makes the buildings more adaptable in the future to become zero-net-energy
after initial construction, as advances are achieved in energy-saving
technologies;

(2)

code procedures to
incorporate measured lifetimes, not just first-year energy use, in trade-offs
and performance calculations; and

(3)

legislative options for
increasing energy savings from building energy codes, including additional
incentives for effective State and local action, and verification of compliance
with and enforcement of a code other than by a State or local
government.

(i)

Voluntary codes and
standards

Nothwithstanding any other provision of this section,
any model building code or standard established under this section shall not be
binding on a State, local government, or Indian tribe as a matter of Federal
law.

(j)

Authorization of
appropriations

There are authorized to be appropriated to carry
out this section $200,000,000, to remain available until
expended.

.

(b)

Definition of
IECC

Section 303 of the Energy Conservation and Production Act
(42 U.S.C. 6832) is amended by adding at the end the following:

(17)

IECC

The
term IECC means the International Energy Conservation Code.

(18)

Indian
tribe

The term Indian tribe has the meaning given
the term in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C.
4103).

.

(c)

Conforming
amendment

Section 307 of the Energy Conservation and Production
Act (42 U.S.C. 6836) is repealed.

B

Worker training and
capacity building

111.

Building training and
assessment centers

(a)

In
general

The Secretary of
Energy shall provide grants to institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and Tribal
Colleges or Universities (as defined in section 316(b) of that Act (20 U.S.C.
1059c(b)) to establish building training and assessment centers—

(1)

to identify opportunities
for optimizing energy efficiency and environmental performance in
buildings;

(2)

to promote the
application of emerging concepts and technologies in commercial and
institutional buildings;

(3)

to train engineers,
architects, building scientists, building energy permitting and enforcement
officials, and building technicians in energy-efficient design and
operation;

(4)

to assist institutions of
higher education and Tribal Colleges or Universities in training building
technicians;

(5)

to promote research and
development for the use of alternative energy sources and distributed
generation to supply heat and power for buildings, particularly
energy-intensive buildings; and

(6)

to coordinate with and
assist State-accredited technical training centers, community colleges, Tribal
Colleges or Universities, and local offices of the National Institute of Food
and Agriculture and ensure appropriate services are provided under this section
to each region of the United States.

(b)

Coordination and
nonduplication

(1)

In
general

The Secretary shall coordinate the program with the
Industrial Assessment Centers program and with other Federal programs to avoid
duplication of effort.

(2)

Collocation

To
the maximum extent practicable, building, training, and assessment centers
established under this section shall be collocated with Industrial Assessment
Centers.

II

Building efficiency
finance

201.

Loan program for
energy efficiency upgrades to existing buildings

Title XVII of the Energy Policy Act of 2005
(42 U.S.C. 16511 et seq.) is amended by adding at the end the following:

1706.

Building retrofit
financing program

(a)

Definitions

In
this section:

(1)

Credit
support

The term credit support means a guarantee or
commitment to issue a guarantee or other forms of credit enhancement to
ameliorate risks for efficiency obligations.

(2)

Efficiency
obligation

The term efficiency obligation means a
debt or repayment obligation incurred in connection with financing a project,
or a portfolio of such debt or payment obligations.

(3)

Project

The
term project means the installation and implementation of
efficiency, advanced metering, distributed generation, or renewable energy
technologies and measures in a building (or in multiple buildings on a given
property) that are expected to increase the energy efficiency of the building
(including fixtures) in accordance with criteria established by the
Secretary.

(b)

Eligible
projects

(1)

In
general

Notwithstanding sections 1703 and 1705, the Secretary may
provide credit support under this section, in accordance with section
1702.

(2)

Inclusions

Buildings
eligible for credit support under this section include commercial, multifamily
residential, industrial, municipal, government, institution of higher
education, school, and hospital facilities that satisfy criteria established by
the Secretary.

(c)

Guidelines

(1)

In
general

Not later than 180 days after the date of enactment of
this section, the Secretary shall—

(A)

establish guidelines for
credit support provided under this section; and

(B)

publish the guidelines in
the Federal Register; and

(C)

provide for an
opportunity for public comment on the guidelines.

(2)

Requirements

The
guidelines established by the Secretary under this subsection shall
include—

(A)

standards for assessing
the energy savings that could reasonably be expected to result from a
project;

(B)

examples of financing
mechanisms (and portfolios of such financing mechanisms) that qualify as
efficiency obligations;

(C)

the threshold levels of
energy savings that a project, at the time of issuance of credit support, shall
be reasonably expected to achieve to be eligible for credit support;

(D)

the eligibility criteria
the Secretary determines to be necessary for making credit support available
under this section; and

(E)

notwithstanding
subsections (d)(3) and (g)(2)(B) of section 1702, any lien priority
requirements that the Secretary determines to be necessary, in consultation
with the Director of the Office of Management and Budget, which may
include—

(i)

mechanisms to preserve
prior lien positions of mortgage lenders and other creditors in buildings
eligible for credit support;

(ii)

remedies available to
the Secretary under chapter 176 of title 28, United States Code, in the event
of default on the efficiency obligation by the borrower; and

(iii)

measures to limit the
exposure of the Secretary to financial risk in the event of default, such
as—

(I)

the collection of a
credit subsidy fee from the borrower as a loan loss reserve, taking into
account the limitation on credit support under subsection (d);

(II)

minimum debt-to-income
levels of the borrower;

(III)

minimum levels of value
relative to outstanding mortgage or other debt on a building eligible for
credit support;

(IV)

allowable thresholds for
the percent of the efficiency obligation relative to the amount of any mortgage
or other debt on an eligible building;

(V)

analysis of historic and
anticipated occupancy levels and rental income of an eligible building;

(VI)

requirements of
third-party contractors to guarantee energy savings that will result from a
retrofit project, and whether financing on the efficiency obligation will
amortize from the energy savings;

(VII)

requirements that the
retrofit project incorporate protocols to measure and verify energy savings;
and

(VIII)

recovery of payments
equally by the Secretary and the retrofit.

(3)

Efficiency
obligations

The financing mechanisms qualified by the Secretary
under paragraph (2)(B) may include—

(A)

loans, including loans
made by the Federal Financing Bank;

(B)

power purchase
agreements, including energy efficiency power purchase agreements;

any other efficiency
obligations the Secretary determines to be appropriate.

(4)

Priorities

In
carrying out this section, the Secretary shall prioritize—

(A)

the maximization of
energy savings with the available credit support funding;

(B)

the establishment of a
clear application and approval process that allows private building owners,
lenders, and investors to reasonably expect to receive credit support for
projects that conform to guidelines;

(C)

the distribution of
projects receiving credit support under this section across States or
geographical regions of the United States; and

(D)

projects designed to
achieve whole-building retrofits.

(d)

Limitation

Notwithstanding section 1702(c), the
Secretary shall not issue credit support under this section in an amount that
exceeds—

(1)

90 percent of the
principal amount of the efficiency obligation that is the subject of the credit
support; or

(2)

$10,000,000 for any
single project.

(e)

Aggregation of
projects

To the extent provided in the guidelines developed in
accordance with subsection (c), the Secretary may issue credit support on a
portfolio, or pool of projects, that are not required to be geographically
contiguous, if each efficiency obligation in the pool fulfills the requirements
described in this section.

(f)

Application

(1)

In
general

To be eligible to receive credit support under this
section, the applicant shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
determines to be necessary.

(2)

Contents

An
application submitted under this section shall include assurances by the
applicant that—

(A)

each contractor carrying
out the project meets minimum experience level criteria, including local
retrofit experience, as determined by the Secretary;

(B)

the project is reasonably
expected to achieve energy savings, as set forth in the application using any
methodology that meets the standards described in the program
guidelines;

(C)

the project meets any
technical criteria described in the program guidelines;

(D)

the recipient of the
credit support and the parties to the efficiency obligation will provide the
Secretary with—

(i)

any information the
Secretary requests to assess the energy savings that result from the project,
including historical energy usage data, a simulation-based benchmark, and
detailed descriptions of the building work, as described in the program
guidelines; and

(ii)

permission to access
information relating to building operations and usage for the period described
in the program guidelines; and

(E)

any other assurances that
the Secretary determines to be necessary.

(3)

Determination

Not
later than 90 days after receiving an application, the Secretary shall make a
final determination on the application, which may include requests for
additional information.

(g)

Fees

(1)

In
general

In addition to the fees required by section 1702(h)(1),
the Secretary may charge reasonable fees for credit support provided under this
section.

(2)

Availability

Fees
collected under this section shall be subject to section 1702(h)(2).

(h)

Underwriting

The
Secretary may delegate the underwriting activities under this section to 1 or
more entities that the Secretary determines to be qualified.

(i)

Report

Not
later than 1 year after commencement of the program, the Secretary shall submit
to the appropriate committees of Congress a report that describes in reasonable
detail—

(1)

the manner in which this
section is being carried out;

(2)

the number and type of
projects supported;

(3)

the types of funding
mechanisms used to provide credit support to projects;

(4)

the energy savings
expected to result from projects supported by this section;

(5)

any tracking efforts the
Secretary is using to calculate the actual energy savings produced by the
projects; and

(6)

any plans to improve the
tracking efforts described in paragraph (5).

(j)

Funding

(1)

Authorization of
appropriations

There is authorized to be appropriated to the
Secretary to carry out this section $400,000,000 for the period of fiscal years
2012 through 2021, to remain available until expended.

(2)

Administrative
costs

Not more than 1 percent of any amounts made available to
the Secretary under paragraph (1) may be used by the Secretary for
administrative costs incurred in carrying out this
section.

in the section heading, by inserting
and
industry before the period at the end;

(2)

by redesignating
subsections (h) and (i) as subsections (i) and (j), respectively; and

(3)

by inserting after subsection (g) the
following:

(h)

State partnership
industrial energy efficiency revolving loan program

(1)

In
general

The Secretary shall carry out a program under which the
Secretary shall provide grants to eligible lenders to pay the Federal share of
creating a revolving loan program under which loans are provided to commercial
and industrial manufacturers to implement commercially available technologies
or processes that significantly—

(A)

reduce systems energy
intensity, including the use of energy-intensive feedstocks; and

(B)

improve the industrial
competitiveness of the United States.

(2)

Eligible
lenders

To be eligible to receive cost-matched Federal funds
under this subsection, a lender shall—

(A)

be a community and
economic development lender that the Secretary certifies meets the requirements
of this subsection;

(B)

lead a partnership that
includes participation by, at a minimum—

(i)

a State government
agency; and

(ii)

a private financial
institution or other provider of loan capital;

(C)

submit an application to
the Secretary, and receive the approval of the Secretary, for cost-matched
Federal funds to carry out a loan program described in paragraph (1);
and

(D)

ensure that non-Federal
funds are provided to match, on at least a dollar-for-dollar basis, the amount
of Federal funds that are provided to carry out a revolving loan program
described in paragraph (1).

(3)

Award

The
amount of cost-matched Federal funds provided to an eligible lender shall not
exceed $100,000,000 for any fiscal year.

(4)

Recapture of
awards

(A)

In
general

An eligible lender that receives an award under paragraph
(1) shall be required to repay to the Secretary an amount of cost-match Federal
funds, as determined by the Secretary under subparagraph (B), if the eligible
lender is unable or unwilling to operate a program described in this subsection
for a period of not less than 10 years beginning on the date on which the
eligible lender first receives funds made available through the award.

(B)

Determination by
Secretary

The Secretary shall determine the amount of cost-match
Federal funds that an eligible lender shall be required to repay to the
Secretary under subparagraph (A) based on the consideration by the Secretary
of—

(i)

the amount of non-Federal
funds matched by the eligible lender;

(ii)

the amount of loan
losses incurred by the revolving loan program described in paragraph (1);
and

(iii)

any other appropriate
factor, as determined by the Secretary.

(C)

Use of recaptured
cost-match Federal funds

The Secretary may distribute to eligible
lenders under this subsection each amount received by the Secretary under this
paragraph.

(5)

Eligible
projects

A program for which cost-matched Federal funds are
provided under this subsection shall be designed to accelerate the
implementation of industrial and commercial applications of technologies or
processes (including distributed generation, applications or technologies that
use sensors, meters, software, and information networks, controls, and drives
or that have been installed pursuant to an energy savings performance contract,
project, or strategy) that—

(A)

improve energy
efficiency, including improvements in efficiency and use of water, power
factor, or load management;

(B)

enhance the industrial
competitiveness of the United States; and

(C)

achieve such other goals
as the Secretary determines to be appropriate.

(6)

Evaluation

The
Secretary shall evaluate applications for cost-matched Federal funds under this
subsection on the basis of—

(A)

the description of the
program to be carried out with the cost-matched Federal funds;

(B)

the commitment to provide
non-Federal funds in accordance with paragraph (2)(D);

(C)

program sustainability
over a 10-year period;

(D)

the capability of the
applicant;

(E)

the quantity of energy
savings or energy feedstock minimization;

(F)

the advancement of the
goal under this Act of 25-percent energy avoidance;

(G)

the ability to fund
energy efficient projects not later than 120 days after the date of the grant
award; and

(H)

such other factors as the
Secretary determines appropriate.

(7)

Authorization of
appropriations

There are authorized to be appropriated to carry
out this subsection, $400,000,000 for each of fiscal years 2012 through
2021.

.

302.

Coordination of
research and development of energy efficient technologies for industry

(a)

In
general

As part of the
research and development activities of the Industrial Technologies Program of
the Department of Energy, the Secretary shall establish, as appropriate,
collaborative research and development partnerships with other programs within
the Office of Energy Efficiency and Renewable Energy (including the Building
Technologies Program), the Office of Electricity Delivery and Energy
Reliability, and the Office of Science that—

(1)

leverage the research and development
expertise of those programs to promote early stage energy efficiency technology
development;

(2)

support the use of
innovative manufacturing processes and applied research for development,
demonstration, and commercialization of new technologies and processes to
improve efficiency (including improvements in efficient use of water), reduce
emissions, reduce industrial waste, and improve industrial
cost-competitiveness; and

(3)

apply the knowledge and expertise of the
Industrial Technologies Program to help achieve the program goals of the other
programs.

(b)

Reports

Not
later than 2 years after the date of enactment of this Act and biennially
thereafter, the Secretary shall submit to Congress a report that describes
actions taken to carry out subsection (a) and the results of those
actions.

303.

Energy efficient
technologies assessment

(a)

In
general

Not later than 60 days after the date of enactment of
this Act, the Secretary shall commence an assessment of commercially available,
cost competitive energy efficiency technologies that are not widely implemented
within the United States for the energy-intensive industries of—

(1)

steel;

(2)

aluminum;

(3)

forest and paper
products;

(4)

food processing;

(5)

metal casting;

(6)

glass;

(7)

chemicals;

(8)

petroleum
refining;

(9)

cement;

(10)

industrial gases;

(11)

information and
communication technologies; and

(12)

other industries that
(as determined by the Secretary)—

(A)

use large quantities of
energy;

(B)

emit large quantities of
greenhouse gases; or

(C)

use a rapidly increasing
quantity of energy.

(b)

Report

Not
later than 1 year after the date of enactment of this Act, the Secretary shall
publish a report, in collaboration with affected energy-intensive industries,
based on the assessment conducted under subsection (a), that contains—

(1)

a detailed inventory
describing the cost, energy, and greenhouse gas emission savings of each
technology described in subsection (a);

(2)

for each technology, the
total cost, energy, water, and greenhouse gas emissions savings if the
technology is implemented throughout the industry of the United States;

(3)

for each industry, an
assessment of total possible cost, energy, and greenhouse gas emissions savings
possible if state-of-the art, cost-competitive, commercial energy efficiency
technologies were adopted;

(4)

for each industry, a
comparison to the European Union, Japan, and other appropriate countries of
energy efficiency technology adoption rates, as determined by the Secretary,
including an examination of the policy structures in those countries that
promote investments in energy efficiency technologies;

(5)

recommendations on how to
create and retain jobs in the United States through private sector
collaboration of energy service providers and energy-intensive industries;
and

(6)

an assessment of energy
savings available from increased use of recycled material in energy-intensive
manufacturing processes.

304.

Future of Industry
program

(a)

In
general

Section 452 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17111) is amended by
striking the section heading and inserting the following:
Future of Industry
program.

(b)

Definition of energy
service provider

Section 452(a) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111(a)) is amended—

(1)

by redesignating
paragraphs (3) through (5) as paragraphs (4) through (6), respectively;
and

(2)

by inserting after
paragraph (3):

(5)

Energy service
provider

The term energy service provider means any
private company or similar entity providing technology or services to improve
energy efficiency in an energy-intensive
industry.

.

(c)

Industry-specific road
maps

Section 452(c)(2) of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17111(c)(2)) is
amended—

(1)

in subparagraph (E), by striking
and at the end;

(2)

by redesignating
subparagraph (F) as subparagraph (G); and

(3)

by inserting after
subparagraph (E) the following:

(F)

research to establish
(through the Industrial Technologies Program and in collaboration with
energy-intensive industries) a road map process under which—

(i)

industry-specific studies
are conducted to determine the intensity of energy use, greenhouse gas
emissions, and waste and operating costs, by process and subprocess;

(ii)

near-, mid-, and
long-term targets of opportunity are established for synergistic improvements
in efficiency, sustainability, and resilience; and

(iii)

public-private
actionable plans are created to achieve roadmap goals;
and

.

(d)

Industrial research and
assessment centers

(1)

In
general

Section 452(e) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17111(e)) is amended—

(A)

by redesignating
paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and
indenting appropriately;

(B)

by striking The
Secretary and inserting the following:

(1)

In
general

The
Secretary

;

(C)

in subparagraph (A) (as
redesignated by subparagraph (A)), by inserting before the semicolon at the end
the following: , including assessments of sustainable manufacturing
goals and the implementation of information technology advancements for supply
chain analysis, logistics, system monitoring, industrial and manufacturing
processes, and other purposes; and

(D)

by adding at the end the
following:

(2)

Centers of
Excellence

(A)

In
general

The Secretary shall establish a Center of Excellence at
up to 10 of the highest performing industrial research and assessment centers,
as determined by the Secretary.

(B)

Duties

A
Center of Excellence shall coordinate with and advise the industrial research
and assessment centers located in the region of the Center of
Excellence.

(C)

Funding

Subject
to the availability of appropriations, of the funds made available under
subsection (f), the Secretary shall use to support each Center of Excellence
not less than $500,000 for fiscal year 2012 and each fiscal year thereafter, as
determined by the Secretary.

(3)

Expansion of
centers

The Secretary shall provide funding to establish
additional industrial research and assessment centers at institutions of higher
education that do not have industrial research and assessment centers
established under paragraph (1), taking into account the size of, and potential
energy efficiency savings for, the manufacturing base within the region of the
proposed center.

(4)

Coordination

(A)

In
general

To increase the value and capabilities of the industrial
research and assessment centers, the centers shall—

(i)

coordinate with
Manufacturing Extension Partnership Centers of the National Institute of
Standards and Technology;

(ii)

coordinate with the
Building Technologies Program of the Department of Energy to provide building
assessment services to manufacturers;

(iii)

increase partnerships
with the National Laboratories of the Department of Energy to leverage the
expertise and technologies of the National Laboratories for national industrial
and manufacturing needs;

(iv)

increase partnerships
with energy service providers and technology providers to leverage private
sector expertise and accelerate deployment of new and existing technologies and
processes for energy efficiency, power factor, and load management;

outreach activities by
the industrial research and assessment centers to inform small- and
medium-sized manufacturers of the information, technologies, and services
available; and

(B)

a full-time equivalent
employee at each center of excellence whose primary mission shall be to
coordinate and leverage the efforts of the center with—

(i)

Federal and State
efforts;

(ii)

the efforts of utilities
and energy service providers;

(iii)

the efforts of regional
energy efficiency organizations; and

(iv)

the efforts of other
centers in the region of the center of excellence.

(6)

Workforce
training

(A)

In
general

The Secretary shall pay the Federal share of associated
internship programs under which students work with or for industries,
manufacturers, and energy service providers to implement the recommendations of
industrial research and assessment centers.

(B)

Federal
share

The Federal share of the cost of carrying out internship
programs described in subparagraph (A) shall be 50 percent.

(C)

Funding

Subject
to the availability of appropriations, of the funds made available under
subsection (f), the Secretary shall use to carry out this paragraph not less
than $5,000,000 for fiscal year 2012 and each fiscal year thereafter.

(7)

Small business
loans

The Administrator of the Small Business Administration
shall, to the maximum practicable, expedite consideration of applications from
eligible small business concerns for loans under the Small Business Act (15
U.S.C. 631 et seq.) to implement recommendations of industrial research and
assessment centers established under paragraph
(1).

.

305.

Sustainable
manufacturing initiative

(a)

In
general

Part E of title III
of the Energy Policy and Conservation Act (42 U.S.C. 6341) is amended by adding
at the end the following:

376.

Sustainable
manufacturing initiative

(a)

In
general

As part of the Industrial Technologies Program of the
Department of Energy, the Secretary shall carry out a sustainable manufacturing
initiative under which the Secretary, on the request of a manufacturer, shall
conduct onsite technical assessments to identify opportunities for—

(1)

maximizing the energy
efficiency of industrial processes and cross-cutting systems;

(2)

preventing pollution and
minimizing waste;

(3)

improving efficient use
of water in manufacturing processes;

(4)

conserving natural
resources; and

(5)

achieving such other
goals as the Secretary determines to be appropriate.

(b)

Coordination

The
Secretary shall carry out the initiative in coordination with the private
sector and appropriate agencies, including the National Institute of Standards
and Technology to accelerate adoption of new and existing technologies or
processes that improve energy efficiency.

(c)

Research and
development program for sustainable manufacturing and industrial technologies
and processes

As part of the Industrial Technologies Program of
the Department of Energy, the Secretary shall carry out a joint
industry-government partnership program to research, develop, and demonstrate
new sustainable manufacturing and industrial technologies and processes that
maximize the energy efficiency of industrial systems, reduce pollution, and
conserve natural resources.

(d)

Authorization of
appropriations

There is authorized to be to carry out this
section $10,000,000 for the period of fiscal years 2012 through
2021.

.

(b)

Table of
contents

The table of contents of the Energy Policy and
Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the
items relating to part E of title III the following:

Sec. 376. Sustainable
manufacturing
initiative.

.

306.

Study of advanced
energy technology manufacturing capabilities in the United States

(a)

In
general

Not later than 60 days after the date of enactment of
this Act, the Secretary shall enter into an arrangement with the National
Academy of Sciences under which the Academy shall conduct a study of the
development of advanced manufacturing capabilities for various energy
technologies, including—

(1)

an assessment of the
manufacturing supply chains of established and emerging industries;

(2)

an analysis of—

(A)

the manner in which
supply chains have changed over the 25-year period ending on the date of
enactment of this Act;

(B)

current trends in supply
chains; and

(C)

the energy intensity of
each part of the supply chain and opportunities for improvement;

(3)

for each technology or
manufacturing sector, an analysis of which sections of the supply chain are
critical for the United States to retain or develop to be competitive in the
manufacturing of the technology;

(4)

an assessment of which
emerging energy technologies the United States should focus on to create or
enhance manufacturing capabilities; and

(5)

recommendations on
leveraging the expertise of energy efficiency and renewable energy user
facilities so that best materials and manufacturing practices are designed and
implemented.

(b)

Report

Not
later than 2 years after the date on which the Secretary enters into the
agreement with the Academy described in subsection (a), the Academy shall
submit to the Committee on Energy and Natural Resources of the Senate, the
Committee on Energy and Commerce of the House of Representatives, and the
Secretary a report describing the results of the study required under this
section, including any findings and recommendations.

307.

Industrial
Technologies steering committee

The Secretary shall establish an advisory
steering committee that includes national trade associations representing
energy-intensive industries or energy service providers to provide
recommendations to the Secretary on planning and implementation of the
Industrial Technologies Program of the Department of Energy.

B

Supply Star

311.

Supply Star

Part B of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6291) is amended by inserting after section 324A
(42 U.S.C. 6294a) the following:

324B.

Supply Star Program

(a)

In general

There is established within the Department
of Energy a Supply Star program to identify and promote practices, recognize
companies, and, as appropriate, recognize products that use highly efficient
supply chains in a manner that conserves energy, water, and other
resources.

(b)

Coordination

In carrying out the program described in
subsection (a), the Secretary shall—

(1)

consult with other appropriate agencies;
and

(2)

coordinate efforts with the Energy Star
program established under section 324A.

(c)

Duties

In carrying out the Supply Star program
described in subsection (a), the Secretary shall—

(1)

promote practices, recognize companies,
and, as appropriate, recognize products that comply with the Supply Star
program as the preferred practices, companies, and products in the marketplace
for maximizing supply chain efficiency;

(2)

work to enhance industry and public
awareness of the Supply Star program;

work with domestic and international
organizations to harmonize approaches to analyzing supply chain efficiency,
including the development of a consistent set of tools, templates, calculators,
and databases; and

(7)

work with industry, including small
businesses, to improve supply chain efficiency through activities that
include—

(A)

developing and sharing best practices;
and

(B)

providing opportunities to benchmark supply
chain efficiency.

(d)

Evaluation

In any evaluation of supply chain
efficiency carried out by the Secretary with respect to a specific product, the
Secretary shall consider energy consumption and resource use throughout the
entire lifecycle of a product, including production, transport, packaging, use,
and disposal.

(e)

Grants and Incentives

(1)

In general

The Secretary may award grants or other
forms of incentives on a competitive basis to eligible entities, as determined
by the Secretary, for the purposes of—

(A)

studying supply chain energy resource
efficiency; and

(B)

demonstrating and achieving reductions in
the energy resource consumption of commercial products through changes and
improvements to the production supply and distribution chain of the
products.

(2)

Use of information

Any information or data generated as a
result of the grants or incentives described in paragraph (1) shall be used to
inform the development of the Supply Star Program.

(f)

Training

The Secretary shall use funds to support
professional training programs to develop and communicate methods, practices,
and tools for improving supply chain efficiency.

(g)

Effect of impact on
climate change

For purposes of this section, the impact on
climate change shall not be a factor in determining supply chain
efficiency.

(h)

Effect of outsourcing
of American jobs

For purposes of this section, the outsourcing of
American jobs in the production of a product shall not count as a positive
factor in determining supply chain efficiency.

(i)

Authorization of
Appropriations

There are
authorized to be appropriated to carry out this section $10,000,000 for the
period of fiscal years 2012 through
2021.

.

C

Electric motor rebate
program

321.

Energy saving motor
control rebate program

(a)

Establishment

Not
later than January 1, 2012, the Secretary of Energy (referred to in this
section as the Secretary) shall establish a program to provide
rebates for expenditures made by entities for the purchase and installation of
a new constant speed electric motor control that reduces motor energy use by
not less than 5 percent.

(b)

Requirements

(1)

Application

To
be eligible to receive a rebate under this section, an entity shall submit to
the Secretary an application in such form, at such time, and containing such
information as the Secretary may require, including—

(A)

demonstrated evidence
that the entity purchased a constant speed electric motor control that reduces
motor energy use by not less than 5 percent; and

(B)

the physical nameplate of
the installed motor of the entity to which the energy saving motor control is
attached.

(2)

Authorized amount of
rebate

The Secretary may provide to an entity that meets the
requirements of paragraph (1) a rebate the amount of which shall be equal to
the product obtained by multiplying—

(A)

the nameplate horsepower
of the electric motor to which the energy saving motor control is attached;
and

(B)

$25.

(c)

Authorization of
Appropriations

There is authorized to be appropriated to carry
out this section $5,000,000 for each of fiscal years 2012 and 2013, to remain
available until expended.

D

Transformer rebate
program

331.

Energy efficient
transformer rebate program

(a)

Definition of qualified
transformer

In this section, the term qualified
transformer means a transformer that meets or exceeds the National
Electrical Manufacturers Association (NEMA) Premium Efficiency designation,
calculated to 2 decimal points, as having 30 percent fewer losses than the NEMA
TP-1-2002 efficiency standard for a transformer of the same number of phases
and capacity, as measured in kilovolt-amperes.

(b)

Establishment

Not
later than January 1, 2012, the Secretary of Energy (referred to in this
section as the Secretary) shall establish a program to provide
rebates for expenditures made by owners of commercial buildings and multifamily
residential buildings for the purchase and installation of a new energy
efficient transformers.

(c)

Requirements

(1)

Application

To
be eligible to receive a rebate under this section, an owner shall submit to
the Secretary an application in such form, at such time, and containing such
information as the Secretary may require, including demonstrated evidence that
the owner purchased a qualified transformer.

(2)

Authorized amount of
rebate

For qualified transformers, rebates, in dollars per
kilovolt-ampere (referred to in this paragraph as kVA) shall
be—

(A)

for 3-phase
transformers—

(i)

with a capacity of not
greater than 10 kVA, $15;

(ii)

with a capacity of not
less than 10 kVA and not greater than 100 kVA, the difference between 15 and
the quotient obtained by dividing—

(I)

the difference
between—

(aa)

the capacity of the
transformer in kVA; and

(bb)

10; by

(II)

9; and

(iii)

with a capacity greater
than or equal to 100 kVA, $5; and

(B)

for single-phase
transformers, 75 percent of the rebate for a 3-phase transformer of the same
capacity.

(d)

Authorization of
appropriations

There is authorized to be appropriated to carry
out this section $5,000,000 for each of fiscal years 2012 and 2013, to remain
available until expended.

IV

Federal agency energy
efficiency

401.

Adoption of personal
computer power savings techniques by Federal agencies

(a)

In
general

Not later than 360
days after the date of enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of Defense, the Secretary of Veterans Affairs,
and the Administrator of General Services, shall issue guidance for Federal
agencies to employ advanced tools allowing energy savings through the use of
computer hardware, energy efficiency software, and power management
tools.

(b)

Reports on plans and
savings

Not later than 180
days after the date of the issuance of the guidance under subsection (a), each
Federal agency shall submit to the Secretary of Energy a report that
describes—

(1)

the plan of the agency for implementing the
guidance within the agency; and

(2)

estimated energy and financial savings from
employing the tools described in subsection (a).

402.

Availability of funds
for design updates

Section
3307 of title 40, United States Code, is amended—

(1)

by redesignating
subsections (d) through (h) as subsections (e) through (i), respectively;
and

(2)

by inserting after
subsection (c) the following:

(d)

Availability of funds
for design updates

(1)

In
general

Subject to paragraph (2), for any project for which
congressional approval is received under subsection (a) and for which the
design has been substantially completed but construction has not begun, the
Administrator of General Services may use appropriated funds to update the
project design to meet applicable Federal building energy efficiency standards
established under section 305 of the Energy Conservation and Production Act (42
U.S.C. 6834) and other requirements established under section 3312.

(2)

Limitation

The
use of funds under paragraph (1) shall not exceed 125 percent of the estimated
energy or other cost savings associated with the updates as determined by a
life-cycle cost analysis under section 544 of the National Energy Conservation
Policy Act (42 U.S.C.
8254).

.

403.

Best practices for
advanced metering

Section
543(e) of the National Energy Conservation Policy Act (42 U.S.C. 8253(e) is
amended by striking paragraph (3) and inserting the following:

(3)

Plan

(A)

In
general

Not later than 180 days after the date on which
guidelines are established under paragraph (2), in a report submitted by the
agency under section 548(a), each agency shall submit to the Secretary a plan
describing the manner in which the agency will implement the requirements of
paragraph (1), including—

(i)

how the agency will
designate personnel primarily responsible for achieving the requirements;
and

(ii)

a demonstration by the
agency, complete with documentation, of any finding that advanced meters or
advanced metering devices (as those terms are used in paragraph (1)), are not
practicable.

(B)

Updates

Reports
submitted under subparagraph (A) shall be updated annually.

(4)

Best practices
report

(A)

In
general

Not later than 180
days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of
2011, the Secretary of Energy, in consultation with the Secretary
of Defense and the Administrator of General Services, shall develop, and issue
a report on, best practices for the use of advanced metering of energy use in
Federal facilities, buildings, and equipment by Federal agencies.

(B)

Updating

The
report described under subparagraph (A) shall be updated annually.

(C)

Components

The
report shall include, at a minimum—

(i)

summaries and analysis of
the reports by agencies under paragraph (3);

in subsections (a) and
(b)(2), by striking electric energy each place it appears and
inserting electric and thermal energy;

(2)

by redesignating
subsection (d) as subsection (e); and

(3)

by inserting after
subsection (c) the following:

(d)

Separate
calculation

Renewable energy produced at a Federal facility, on
Federal land, or on Indian land (as defined in section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501))—

(1)

shall be calculated
separately from renewable energy used; and

(2)

may be used individually
or in combination to comply with subsection
(a).

.

407.

Study on Federal data
center consolidation

(a)

In
general

The Secretary of
Energy shall conduct a study on the feasibility of a government-wide data
center consolidation, with an overall Federal target of a minimum of 800
Federal data center closures by October 1, 2015.

(b)

Coordination

In
conducting the study, the Secretary shall coordinate with Federal data center
program managers, facilities managers, and sustainability officers.

(c)

Report

Not
later than 1 year after the date of enactment of this Act, the Secretary shall
submit to Congress a report that describes the results of the study, including
a description of agency best practices in data center consolidation.

V

Miscellaneous

501.

Offsets

(a)

Zero-Net Energy
Commercial Buildings Initiative

Section 422(f) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17082(f)) is amended by
striking paragraphs (2) through (4) and inserting the following:

(2)

$50,000,000 for each of
fiscal years 2009 through 2012;

(3)

$100,000,000 for fiscal
year 2013; and

(4)

$200,000,000 for each of
fiscal years 2014 through
2018.

.

(b)

Energy sustainability
and efficiency grants and loans for institutions

Section 452(f)(1) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17111(f)(1)) is amended—

(1)

in subparagraph (D), by
striking $202,000,000 and inserting $102,000,000;
and

(2)

in subparagraph (E), by
striking $208,000,000 and inserting
$108,000,000.

502.

Budgetary
effects

The budgetary effects
of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act
of 2010, shall be determined by reference to the latest statement titled
Budgetary Effects of PAYGO Legislation for this Act, submitted
for printing in the Congressional Record by the Chairman of the Senate Budget
Committee, provided that such statement has been submitted prior to the vote on
passage.

503.

Advance appropriations
required

The authorization of
amounts under this Act and the amendments made by this Act shall be effective
for any fiscal year only to the extent and in the amount provided in advance in
appropriations Acts.